Upcoming CLE Event at DePaul College of Law: Arts Law Colloquium: Art and Its Image: Perspective From Copyright, Trademark, and Cultural Property Law, October 9, 2024 @DePaulLaw

 Upcoming event: CLE - Arts Law Colloquium: Art and its Image: Perspectives from Copyright, Trademark, and Cultural Property Law, October 9, 2024, at Depaul College of Law:

Join CAMCHL and CIPLIT for “Arts Law Colloquium: Art and its Image: Perspectives from Copyright, Trademark, and Cultural Property Law” with Dr. Felicia Caponigri, Visiting Scholar, Chicago-Kent College of Law; Guest Scholar, IMT School for Advanced Studies Lucca. This event will be hybrid, both in person and online. Lunch will be provided for in-person guests. 1.0 hour CLE available for IL attendees.

More information available here.

ICYMI: Heritage, Culture, and Rights (Andrew Durbach and Lucas Lixinski, eds., Hart Publishing, 2017) @hartpublishing

ICYMI: Heritage, Culture, and Rights (Andrea Durbach and Lucas Lixinski, eds., Hart Publishing, 2017).

Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China's use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law. The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world.

 

Forthcoming from Hart Publishing: Heritage, Culture, and Rights: Challenging Legal Discourses @hartpublishing

Forthcoming from Hart Publishing: Heritage, Culture and Rights: Challenging Legal Discourses (Andrea Durbach and Lucas Lixinski, eds.; 2017). Here is a description of the book's contents.

Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China's use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law. The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world.

 

Bruncevic @doctorbruncevic Publishing Book With Routledge on Law, Art, and the Commons

Forthcoming from Routledge:

Merima Bruncevic, Department of Law, University of Gothenburg, is publishing Law, Art and the Commons (November 30, 2016). Here is a description of the contents from the publisher's website.

The concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, and as one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and engaged with. Focusing largely on artin the context of the copyright regime, but also addressing a number of cultural heritage issues, the book draws on the work of Deleuze and Guattari in order to examine the realm of the commons as a potential space for overcoming the dichotomy between the owner and the consumer of culture. Challenging this dichotomy, it is the productive and creative potential of law itself that is elicited through the book’s approach to the commons as the empirical basis for a new legal framework, which is able to accommodate a multitude of interests and values.

A Conference on Cultural Heritage Law at Georgetown University Law Center

Georgetown University Law Center is hosting the Intersections in International Cultural Heritage Law Center conference, March 29-30, 2016. Here is a description of the event from co-organizers Anne-Marie Carstens and Elizabeth Varner.

Speakers from across the world will address the primary points of intersection between cultural heritage law and international law, including international criminal law, the law of armed conflict, restraints on the illicit international trade in cultural artifacts, and international human rights. Professor Patty Gerstenblith (DePaul) will deliver a lunch keynote discussing the recent history of cultural heritage in Syria and Iraq. Sir Frank Berman (Oxford), with Professor Roger O'Keefe (UCL) as discussant, will deliver the concluding keynote on the Case Concerning the Temple of Preah Vihear (Interpretation) (Cambodia v. Thailand) decided in 2013 by the International Court of Justice.

To register, view the conference program, and find transportation and discounted hotel information, please visit the conference website.   The event is free, but advance registration is required. The conference website and program will be updated with additional details as they become available. The conference is co-sponsored by the Cultural Heritage & the Arts Interest Group of the American Society of International Law and by the Georgetown Art Law Society.

Cultural Heritage and Human Rights In War

Ana Filipa Vrdoljak, University of Technology Sydney, Faculty of Law, is publishing Cultural Heritage, Human Rights and the Privatisation of War in Heritage, Culture and Rights: Challenging Legal Discourses (A. Durbach and L. Lixinski, Oxford: Hart Publishing, 2016). Here is the abstract.

This chapter focuses on the legal issues raised by the impact of the privatisation of war on cultural rights and cultural heritage during military engagements. It is divided into four parts. First, there is an examination of the current debate amongst heritage practitioners, particularly archaeologists and anthropologists, about their professional engagement with PMSCs in recent conflicts and belligerent occupation. Second, there is an overview of existing international humanitarian law and human rights provisions covering cultural rights and cultural heritage during armed conflict and occupation. Third, the response of professional bodies and associations of heritage practitioners through their codes of ethics and public pronouncements to these emerging challenges is detailed. Finally, there is a brief explanation of international initiatives to regulate the activities of PMSCs. It is clear that the rapidly changing face of war has not only revealed the limitations of existing international law; but the efforts of professional bodies and industry to ‘regulate’ these activities through codes of ethics and good practice guidelines cannot fully address the shortcomings.

Negotiating Cultural Rights: An International Conference at the University of Copenhagen, November 13-14, 2015

 News from Daniela Carpi, Professor at the University of Verona:

The University of Copenhagen is organizing and will host an international conference on cultural rights based on the reports by Farida Shaheed, current UN Special Rapporteur in the field of cultural rights. The conference, entitled Negotiating Cultural Rights, will take place November 13-14, 2015. Ms. Shaheed will attend the conference.

During the event, international experts will comment on her reports which deal with intellectual property rights, cultural heritage, and artistic freedom among other issues. Shaheed’s successor as Special Rapporteur, Karima Bennoune, will also be present.

See the program for Negotiating Cultural Rights at pf.ku.fk 

More about the conference program is available here.

Registration: The price for attending the conference is 750 kr. (meals, coffee and the conference dinner are included).

Registration and payment is handled by Conference Manager (conferencemanager.dk)

Deadline for registration is 1 November, 2015 (or as long as tickets are available).

Daniela Carpi

Professore Ordinario di Letteratura Inglese  Dipartimento di Lingue e Letterature Straniere  Università di Verona  Lungadige Porta Vittoria n.41

37129 Verona, Italy

Fax: 0039 (0)45 8028729

Tel: 0039 (0)45 8028410

Collective Cultural Rights Within the Context of International Human Rights Law

Yvonne Donders, Amsterdam Center for International Law, has published Foundations of Collective Cultural Rights in International Human Rights Law as Amsterdam Law School Research Paper No. 2015-23. Here is the abstract.

Although collective cultural rights are included in international human rights law, their precise place and their nature and significance are not well-explored or understood. This paper aims to show where collective cultural rights can be found in international human rights law and explore how these rights fit in the general body and framework of international human rights law. The starting point in this chapter is international human rights law, which implies that the analysis of collective cultural rights is framed by positive law and international legal instruments, such as treaties and conventions, as well as by soft law instruments, such as declarations, recommendations and resolutions. In this paper, the two categories of collective rights and cultural rights are defined, drawing a distinction between a) different types of collective rights, including rights for collectivities as such, rights for individuals as members of collectivities, and rights with a collective interest or object; and b) between different types of cultural rights, including rights that explicitly refer to ‘culture’ and rights that relate to culture or have a cultural dimension. This paper furthermore analyses various contentious issues surrounding collective rights and cultural rights in international human rights law, including the lack of clarity on the object and subject of these rights. The paper then outlines the different forms of collective cultural rights in international human rights law, by providing examples of legal provisions in international human rights law that can be classified as collective cultural rights. Finally, the paper elaborates on how collective subjects and collective cultural interests are integrated in international human rights law and analyses how and to what extent collective cultural rights provisions provide answers to the above-noted issues.

Download the article from SSRN at the link.