3,832 research outputs found
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A research agenda for cultural heritage law /
No full text"Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study. Building on empirical insights as well as current legal scholarship, this book challenges assumptions about the role of cultural heritage law. Dissecting binaries such as international versus national, public versus private, and tangible versus intangible, Lucas Lixinski questions the foundations of the field before examining it through different theoretical lenses such as historicisation and pragmatism. He engages with broader concerns in the legal discipline including human rights and the interests of local communities, and considers arguments in favour of and against cultural restitution. Ultimately, Lixinski argues that critical heritage law research must focus on interculturality and redistribution, and inspire the reader to leverage these ideas and tools for social justice. Engaging and innovative, this book is a valuable resource for PhD researchers looking to take their studies beyond the status quo. Its novel reflections will also engage established academics in cultural heritage and art law, intellectual property law, public international law, and critical heritage studies"-
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Legalized identities ::cultural heritage law and the shaping of transitional justice /
No full textCultural heritage is a feature of transitioning societies, from museums commemorating the end of a dictatorship to adding places like the Auschwitz-Birkenau concentration camp to the World Heritage List. These processes are governed by specific laws, and yet transitional justice discourses tend to ignore law's role, assuming that memory in transition emerges organically. This book debunks this assumption, showing how cultural heritage law is integral to what memory and cultural identity is possible in transition. Lixinski attempts to reengage with the original promise of transitional justice: to pragmatically advance societies towards a future where atrocities will no longer happen. The promise in the UNESCO Constitution of lasting peace through cultural understanding is possible through focusing on the intersection of cultural heritage law and transitional justice, as Lixinski shows in this ground-breaking book
Inventorying is Reckoning: Joacine Katar Moreira talks to Lucas Lixinski
Get PDF Inventorying is Reckoning</p
Populism and International Law: Global South perspectives
No full textSpecial issue of the Brazilian Journal of International Law on Populism and International Law
The law of Mercosur
No full textThe Law of MERCOSUR presents both an overview and in-depth analysis of one of the world’s most important and increasingly influential economic organisations. The book comprises both a series of first-hand analyses of MERCOSUR by experts from countries in the MERCOSUR bloc, and also discussions from other parts of the world looking at MERCOSUR as global actor of ever-increasing importance. The book is divided into three main parts: the first analyses the key institutional legal aspects of MERCOSUR, looking at its history, the general theory of economic integration, and basic aspects relating to the functioning of MERCOSUR; the second examines specialised topics, including the regulation of the environment, human rights and the energy market in MERCOSUR; and in the third part the editors offer a translation of core MERCOSUR instruments, with the objective of furthering understanding of the economic bloc. Original in its conception, the book aims to fill a major gap in the English-language literature by offering a comprehensive and in-depth analysis of the Law of MERCOSUR, and it is hoped that it will become essential reading for those practitioners and academics who are interested not only in MERCOSUR, but in economic integration generally, in international trade, and in the regional aspects of the phenomenon of globalisation.List of contributors ix
Abbreviations xi
1 Introduction to the Law of MERCOSUR 1
MARCÍLIO TOSCANO FRANCA FILHO, LUCAS LIXINSKI AND MARÍA BELÉN
OLMOS GIUPPONI
Part I General Legal Aspects of MERCOSUR 7
2 Theories of Regional Integration and the Origins of MERCOSUR 9
ANDRÉS MALAMUD
3 The Legal-Institutional Structure of MERCOSUR 29
ADRIANA DREYZIN DE KLOR
4 Sources of Law in MERCOSUR 57
MARÍA BELÉN OLMOS GIUPPONI
5 Dispute Settlement 73
NADINE SUSANI
6 Economic Freedoms in MERCOSUR 87
FELIX FUDERS
7 MERCOSUR and the WTO 131
SAMANTHA S MOURA RIBEIRO
8 External Relations 147
MARCÍLIO TOSCANO FRANCA FILHO
9 MERCOSUR Compared 165
PHILLIPE DE LOMBAERDE, FRANK MATTHEIS AND CHARLOTTE VANFRAECHEM
10 The Law of MERCOSUR and International Law: The Struggle for
Independence 191
MARTHA LUCÍA OLIVAR JIMENEZ
Part II Specific and Emerging Issues 209
11 Cooperation in Civil Judicial Matters 211
CARMEN TIBURCIO
12 MERCOSUR and Environmental Law 225
ALESSANDRA CORREIA LIMA MACEDO FRANCA
13 Circulation of Workers in the Law of MERCOSUR 241
HUGO ROBERTO MANSUETI
14 International Taxation in MERCOSUR 259
JAMILE BERGAMASCHINE MATA DIZ
15 The Protection of Foreign Direct Investment in MERCOSUR 277
DIEGO FRAGA LERNER
16 Competition Rules in MERCOSUR: The Fortaleza Protocol 291
LÚCIO TOMÉ FÉTEIRA
17 The Protection of Intellectual Property in MERCOSUR 317
FÉLIX VACAS FERNÁNDEZ
18 Consumer Protection Policy in MERCOSUR 331
CLAUDIA LIMA MARQUES
19 Human Rights in MERCOSUR 351
LUCAS LIXINSKI
20 Data Protection as a Trade Resource in MERCOSUR 365
DANILO DONEDA AND MARIO VIOLA DE AZEVEDO CUNHA
21 Energy Markets: Aspects of Energy Integration and MERCOSUR 387
HANNES HOFMEISTER
22 Regional Integration and Development 395
FABIANO DE ANDRADE CORREA
23 The Legal Future of MERCOSUR 413
LUCAS LIXINSKI AND FABIANO DE ANDRADE CORREA
24 An Introduction to the English Version of MERCOSUR Treaty and Protocols 425
LUCIANA CARVALHO
Index 47
The protection of cultural heritage in international law. An introduction to Lucas Lixinski's book
No full textintroduzione alla relazione di Lucas Lixinski presentando il suo libr
Episode 16: Indiana Jones Trilogy (Guest: Lucas Lixinski)
No full textThis episode explores the iconic Indiana Jones trilogy, some of the most popular and well-known movies of all time. The trilogy consists of the first three movies in the series: Raiders of the Lost Ark (1981); Indiana Jones and the Temple of Doom (1984); and Indiana Jones and the Last Crusade (1989). The films are based on a story by George Lucas and directed by Steven Spielberg. They feature archaeologist (and adventurer) Dr. Indiana Jones (Harrison Ford) as he travels across the world in the years before World War II to obtain valuable historical, cultural, and religious artifacts. The trilogy (and especially the first film, Raiders of the Lost Ark) is the cornerstone of the Indiana Jones franchise, which includes two additional films (Kingdom of the Crystal Skull (2008) and Dial of Destiny (2023)) as well as a TV series, video game, comic books, novels, theme parks, and toys. The films have inspired countless filmmakers and had a significant effect on cinema and popular culture. They also have important, if less discussed, legal dimensions. This episode examines the trilogy from the perspective of international heritage law (or cultural property law), the body of law centered around the preservation of property with historical, cultural, and/or religious significance. My guest is Lucas Lixinski, Professor at the Faculty of Law & Justice at the University of South Wales in Sydney, Australia.Timestamps:0:00 Introduction4:19 Defining international heritage law (or cultural property law)5:53 The pre-UNESCO and post-UNESCO periods8:00 What the Indiana Jones films tell us about international heritage law11:06 How Raiders of the Lost Ark frames the collection of artifacts16:17 The fine line between looters and collectors24:12 The questionable claim of saving cultural property from destruction27:55 The power of Christian artifacts in Raiders and Last Crusade.31:19 The problem of downplaying the importance of heritage35:43 Why most items in museums can’t be viewed by the public38:44 Temple of Doom and a different view of Indy41:40 Indy’s interaction with non-western and indigenous populations44:49 Indy\u27s legacy for archaeology46:53 A victor’s perspective?49:29 Favorite Indiana Jones film?Further reading:Esterling, Shea, “Indiana Jones and the Illicit Trafficking and Repatriation of Cultural Objects,” in Courting the Media: Contemporary Perspectives on Media and the Law 127-48 (Nova 2011)Killgrove, Kristina, “The Enduring Myths of ‘Raiders of the Lost Ark,’” The Smithsonian (June 8. 2021)Lixinski, Lucas, “Moral, Legal and Archaeological Relics of the Past: Portrayals of International Cultural Heritage Law in Cinema,” 4(3) London Review of Int’l Law 421-37 (2016)Nayman, Adam, “Digging Into the Cinematic Archaeology of the Indiana Jones Movies,” The Ringer (Jan. 7, 2019)Smith, Laurajane, Use of Heritage (Routledge, 2007)https://scholarship.shu.edu/law-on-film-s01/1015/thumbnail.jp
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Episode 16: Indiana Jones Trilogy (Guest: Lucas Lixinski)
No full textThis episode explores the iconic Indiana Jones trilogy, some of the most popular and well-known movies of all time. The trilogy consists of the first three movies in the series: Raiders of the Lost Ark (1981); Indiana Jones and the Temple of Doom (1984); and Indiana Jones and the Last Crusade (1989). The films are based on a story by George Lucas and directed by Steven Spielberg. They feature archaeologist (and adventurer) Dr. Indiana Jones (Harrison Ford) as he travels across the world in the years before World War II to obtain valuable historical, cultural, and religious artifacts. The trilogy (and especially the first film, Raiders of the Lost Ark) is the cornerstone of the Indiana Jones franchise, which includes two additional films (Kingdom of the Crystal Skull (2008) and Dial of Destiny (2023)) as well as a TV series, video game, comic books, novels, theme parks, and toys. The films have inspired countless filmmakers and had a significant effect on cinema and popular culture. They also have important, if less discussed, legal dimensions. This episode examines the trilogy from the perspective of international heritage law (or cultural property law), the body of law centered around the preservation of property with historical, cultural, and/or religious significance. My guest is Lucas Lixinski, Professor at the Faculty of Law & Justice at the University of South Wales in Sydney, Australia.Timestamps:0:00 Introduction4:19 Defining international heritage law (or cultural property law)5:53 The pre-UNESCO and post-UNESCO periods8:00 What the Indiana Jones films tell us about international heritage law11:06 How Raiders of the Lost Ark frames the collection of artifacts16:17 The fine line between looters and collectors24:12 The questionable claim of saving cultural property from destruction27:55 The power of Christian artifacts in Raiders and Last Crusade.31:19 The problem of downplaying the importance of heritage35:43 Why most items in museums can’t be viewed by the public38:44 Temple of Doom and a different view of Indy41:40 Indy’s interaction with non-western and indigenous populations44:49 Indy\u27s legacy for archaeology46:53 A victor’s perspective?49:29 Favorite Indiana Jones film?Further reading:Esterling, Shea, “Indiana Jones and the Illicit Trafficking and Repatriation of Cultural Objects,” in Courting the Media: Contemporary Perspectives on Media and the Law 127-48 (Nova 2011)Killgrove, Kristina, “The Enduring Myths of ‘Raiders of the Lost Ark,’” The Smithsonian (June 8. 2021)Lixinski, Lucas, “Moral, Legal and Archaeological Relics of the Past: Portrayals of International Cultural Heritage Law in Cinema,” 4(3) London Review of Int’l Law 421-37 (2016)Nayman, Adam, “Digging Into the Cinematic Archaeology of the Indiana Jones Movies,” The Ringer (Jan. 7, 2019)Smith, Laurajane, Use of Heritage (Routledge, 2007)https://scholarship.shu.edu/law-on-film-s01/1015/thumbnail.jp
International heritage law for communities: Exclusion and re-imagination by Lucas Lixinski
No full textThis book is a product of the recent intensified interest of heritage scholars and lawyers in the critical analysis of the impacts of international heritage law safeguarding the heritage of local communities. Lixinski locates the ‘blind spots which often get overlooked in the actions of the United Nations Educational, Scientific and Cultural Organization (UNESCO), and can have severe and unintended consequences. Lixinski is an Associate Professor at the Faculty of Law at the University of New South Wales, Australia, and a member of the Executive Committee of the Association of Critical Heritage Studies, among other significant honours. Through this book, he seeks to understand why communities lack agency in the international heritage decision-making process
Cultural heritage and property law
No full textWhen the villagers who lived in proximity to the Puzhao Buddhist temple in Fujian province in South-eastern China instituted an action for the restitution of a medieval mummified monk inside a Buddha statue that went missing from the temple in 1995, a Dutch court and a Chinese court reached different rulings. The claim was brought against Oscar van Overeem, a Dutch private collector of Chinese art and antiquities who had bought the statue from a collector who smuggled it into the Netherlands via Hong Kong. The villagers believe that the statue encases the remains of Zhang Qisan, who became known as Zhanggong Zushi, who had self-transformed through an ancient spiritual practice of self-mummification between 1022 and 1155 AD. The villagers consider him their spiritual (and genealogical) ancestor. This chapter takes the case of the mummified monk as its starting point, to highlight what non-lawyers ought to know about the relationship between Critical Heritage Studies and property law, and which terminological nuances are pertinent to the field. A sub-section on ‘real’, ‘personal, ‘immovable’ and ‘movable’ property precedes sub-sections on ‘ownership’, ‘title’ and ‘provenance’. Special attention is paid to the relationship between rights, duties and obligations in respect of private property, common property and cultural property and heritage. Consideration will be given to the domains of heritage that are implicated in the restitution claim for the mummified monk, the work heritage does for property law and property law does for heritage, and how cultural property and heritage law interact with power
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