1st Edition
The Routledge Handbook of Heritage and the Law
The Routledge Handbook of Heritage and the Law sheds light on the relationship between the two fields and analyses how the law shapes heritage and heritage practice in both expected and unexpected ways.
Including contributions from 41 authors working across a range of jurisdictions, the volume analyses the law as a transnational phenomenon and uses international and comparative legal methodologies to distil lessons for broad application. Demonstrating that the law is fundamentally a language of power and contestation, the Handbook shows how this impacts our views of heritage. It also shows that, to understand the ways in which the law impacts key aspects of heritage practice, it is important to tap into the possibilities of heritage as points of convergence of identity, struggles over resources, and the distribution of power. Framing heritage as a driver for legal engagement rather than a passive regulatory object, the book first reviews the legal fields or mechanisms that can shape action in the heritage field, then questions how these enable authority and give power to those who seize heritage, and finally envisions how the discussion between heritage and the law can lay new grounds in both those fields. Lifting the mists that often render the law opaque in heritage studies, the Handbook showcases the law as a medium through which the culture and the power of heritage are expressed and might be shared.
The Routledge Handbook of Heritage and the Law presents a view of the law that is aimed at those who wish to reflect on how law has changed, or could change, what heritage is and how it can support social, cultural, local, or other development. It will be of interest to scholars, students, policymakers, and practitioners working in the areas of museum studies, heritage studies, and urban studies, as well as in cultural intervention and planning.
Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license
1. Introduction: The Law as an Instrument for Heritage
Lucas Lixinski and Lucie K. Morisset
Part I - Scaffolding Heritage in the Law
2. Scaffolding Heritage in the Law. Introduction to the Section
Lucie K. Morisset
3. The Relations between Law and Heritage Studies
Lucas Lixinski
4. Heritage and Law: A Wholly Mutual Relationship
Janet Blake
5. Heritage Law in Relation to Art Law: From Object to Museum
Merima Bruncevic
6. International Cultural Heritage Law and Other International Legal Regimes
Hanna Schreiber and Sabrina Urbinatti
7. Cultural Heritage Law and Other Domestic Norms
Charlotte Woodhead
8. Translating International Heritage Standards into Domestic Law
Sophie Starrenburg
9. Culture and Heritage in Constitutional Law
Anita Vaivade and Harriet Deacon
10. Federalism and Heritage Law
Lucas Lixinski
11. Private International Law and Cultural Heritage
Evelien Campfens
12. Cultural Heritage and Property Law
Christa Roodt
13. Intellectual Property and Heritage Law: Mainstream and First Nations Perspectives
Hai-Yuean Tualima and Kathy Bowrey
14. Cultural Heritage in Urban Planning and Construction Law
Chiara Ravagnan
Part II - Acting on Heritage: Authority and Conflicts
15. Acting on Heritage: Authority and Conflicts. Introduction to the Section
Lucie K. Morisset
16. Sources of Heritage Law and Their Authority
Francesco Francioni
17. Legal Classification Within and Beyond Heritage Law
Nicholas Augustinos
18. Cultural Heritage Impact Assessments for Development Projects
Amy Strecker
19. Laws on the Use of the Public Space for Heritage Purposes
Valentina Zingari, William Long, amd Benedetta Ubertazzi
20. Who Speaks for Heritage? Standing to Pursue Action on Behalf of Heritage
Derek Fincham
21. Alternative Dispute Resolution and Heritage
Yoshiaki Sato
22. Cultural Heritage Export Controls
James Nafziger
23. Regulating Dealers
Marcilio Toscano Franca Filho and Fernando Loureiro Bastos
24. Heritage in Maritime Law
Piers Davies and Paul Myburgh
25. Heritage Suspension: Law on Public Emergencies
Anne-Marie Carstens and J. Peter Byrne
26. Heritage and Criminal Sanctions
Anna De Jong, Apsara Iyer, and Donna Yates
Part III - What Does Heritage Stand For? Questions Towards New Grounds
27. What Does Heritage Stand For? Questions Towards New Grounds. Introduction to the Section
Lucie K. Morisset
28. Heritage as Fact or Legal Issue
Federico Lenzerini
29. Contracting and Licensing for Heritage: Lessons from Fashion and Luxury Brands
Felicia Caponigri
30. Private Law-Making, Self-Regulation and Heritage
Charlotte Waelde
31. What is Heritage For? Law, Heritage, and Value
Diogo Machado
32. Human Remains as Cultural Heritage
Tullio Scovazzi
33. Religious Heritage and the Law
Lucas Lixinski
34. Heritage and Environmental Law
Federica Cittadino
35. Heritage and Human Rights Law
Andrzej Jakubowski
Biography
Lucas Lixinski is Professor at the Faculty of Law & Justice, UNSW Sydney, Australia. He is also an Associate at the Australian Human Rights Institute.
Lucie K. Morisset is the Canada Research Chair in Urban Heritage and Professor in the Department of Urban and Tourism Studies of the School of Management at Université du Québec à Montréal (UQAM) and a researcher at the Interuniversity Centre Culture-Arts-Société (CELAT).
