scholarly journals Nomen Est Omen: Heritage – Baština or Nasleđe – A (Not Merely) Terminological Dilemma

2010 ◽  
Vol 5 (2) ◽  
pp. 41-53 ◽  
Author(s):  
Ljiljana Gavrilović
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
The Past

This paper looks at the use of the Serbian terms "kulturna baština" and "kulturno nasleđe" (both of which are translated as "cultural heritage") to refer to elements of culture preserved from the past and considered valuable enough to be preserved as part of the musealization of reality in its various forms. It offers an analysis of how, through the (re)introduction of the old/new term baština, patriarchy and essentialism – two elements of non-material cultural heritage that are ostensibly undesirable and not to be retained since they are contrary to international law – are being reinstated in the sphere of culture by bureaucratic means.

ON THE NEED TO COLLECT, PRESERVE AND STUDY DISAPPEARED NAMES OF SETTLEMENTS

2020 ◽  
pp. 187-192
Author(s):  
S.A. Popov
Keyword(s):  
Cultural Heritage ◽  
Russian Federation ◽  
Historical Memory ◽  
Comprehensive Analysis ◽  
Local History ◽  
The Past ◽  
Cultural Systems ◽  
The Russian Federation ◽  
Time Periods ◽  
The Disappeared

The article deals with the problem of collecting, preserving and researching the disappeared names of localities in the subjects of the Russian Federation, which for centuries have become an integral part of the historical and cultural heritage of the peoples of our country. The author believes that only a comprehensive analysis of the past oikonyms in nominational, lexical-semantic, historical-cultural, historical-ethnographic, local history aspects will restore the linguistic and cultural systems of different time periods in different microareals of the Russian Federation. The author comes to the conclusion that in order to preserve the historical memory of the disappeared names of geographical objects, local researchers need the support of regional state authorities and local self-government.

Statehood and the State-Like in International Law

2019 ◽  
Author(s):  
Rowan Nicholson
Keyword(s):  
Hong Kong ◽  
International Law ◽  
The State ◽  
Alternative Methods ◽  
Important Conclusion ◽  
Territorial Integrity ◽  
The Past ◽  
Imperial China ◽  
Peremptory Norms ◽  
Legal Sense

If the term were given its literal meaning, international law would be law between ‘nations’. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. An important conclusion of the book is that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state: subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Another conclusion is that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; pre-colonial African chiefdoms; ‘states-in-context’, an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

scholarly journals The Study of Three-Dimensional Fingerprint Recognition in Cultural Heritage

2021 ◽  
Vol 14 (4) ◽  
pp. 1-20
Author(s):  
Dzemila Sero ◽  
Isabelle Garachon ◽  
Erma Hermens ◽  
Robert Van Liere ◽  
Kees Joost Batenburg
Keyword(s):  
Image Processing ◽  
Cultural Heritage ◽  
Three Dimensional ◽  
Fingerprint Recognition ◽  
Person Identification ◽  
Imaging Technologies ◽  
The Past ◽  
Reconstruction Methods ◽  
Cultural Systems ◽  
Digital Fingerprint

Fingerprints play a central role in any field where person identification is required. In forensics and biometrics, three-dimensional fingerprint-based imaging technologies, and corresponding recognition methods, have been vastly investigated. In cultural heritage, preliminary studies provide evidence that the three-dimensional impressions left on objects from the past (ancient fingerprints) are of paramount relevance to understand the socio-cultural systems of former societies, to possibly identify a single producer of multiple potteries, and to authenticate the artist of a sculpture. These findings suggest that the study of ancient fingerprints can be further investigated and open new avenues of research. However, the potential for capturing and analyzing ancient fingerprints is still largely unexplored in the context of cultural heritage research. In fact, most of the existing studies have focused on plane fingerprint representations and commercial software for image processing. Our aim is to outline the opportunities and challenges of digital fingerprint recognition in answering a range of questions in cultural heritage research. Therefore, we summarize the fingerprint-based imaging technologies, reconstruction methods, and analyses used in biometrics that could be beneficial to the study of ancient fingerprints in cultural heritage. In addition, we analyze the works conducted on ancient fingerprints from potteries and ceramic/fired clay sculptures. We conclude with a discussion on the open challenges and future works that could initiate novel strategies for ancient fingerprint acquisition, digitization, and processing within the cultural heritage community.

International Law in the Past Half Century -- and the Next?

1997 ◽  
Vol 50 (1) ◽  
pp. 421-441
Author(s):  
M. Mendelson
Keyword(s):  
International Law ◽  
Half Century ◽  
The Past ◽  
Past Half Century ◽  
Past Half

Diplomatic Affairs and International Law, 1913

1914 ◽  
Vol 8 (1) ◽  
pp. 25-49
Author(s):  
Alfred L. P. Dennis
Keyword(s):  
International Relations ◽  
International Law ◽  
International Cooperation ◽  
Economic Loss ◽  
Panama Canal ◽  
Military Operations ◽  
Political Leaders ◽  
The Past ◽  
True Value

War has marked the year 1913; and charges and countercharges as to alleged atrocities by belligerents have been rife. Treaties were drawn to be promptly torn up; and solemn declarations of intention and policy often proved futile. The existence of internal disorder and the outbreak of domestic revolutions in several countries have also exerted disturbing influences on international relations. The result was economic loss and diplomatic tension even well beyond the field of military operations. And these conditions have led to renewed activity in the struggle for concessions and investment in renascent communities. Racial and religious sentiments have also aroused bitter feeling; while political leaders in several countries compel renewed consideration of the weight of individuals in the determination of the world's affairs.In large part the problems of 1913 were historic; but in part they were affected by apparently impending changes which we cannot as yet define. Thus the influence of socialism and of various forms of radical thought on international relations is a factor. The adoption of oil as a naval fuel, the opening of the Panama Canal, the plans for administrative reorganization of Turkey, and its capitalistic development, the renewed debate as to the Monroe doctrine, and the problem of China are all matters whose future significance scarcely concern us here; but their influence in the past year has been unquestionably great. We cannot estimate as yet the true value of many recommendations touching various fields of international coöperation; and the value of delay in international action still remains in dispute. So on the whole the year 1913 has apparently been the year of the cynic.

From Reprisals to Criminal Accountability: State Bias and the Prospects of Limiting War Through Law

2020 ◽  
Vol 7 (2-3) ◽  
pp. 365-388
Author(s):  
Pablo Kalmanovitz
Keyword(s):  
International Law ◽  
Central Element ◽  
War Crimes ◽  
Armed Conflicts ◽  
Unintended Effects ◽  
Laws Of War ◽  
Institutional Conditions ◽  
Playing Field ◽  
The Past ◽  
State Agents

Abstract Over the past 25 years, criminal prosecutions for war crimes have become a central element in the long-standing project of governing hostilities in international law. According to many, the threat of criminal prosecutions can be a general deterrent against violations of the laws of war, and can contribute more broadly to the diffusion and domestic appropriation of humanitarian norms. This article discusses some unintended effects of this “anti-impunity turn” in the laws of war in the context of non-international armed conflicts. Specifically, it examines the consequences of the fact that states typically have a monopoly over the means of legitimate criminal investigation for alleged crimes committed in their territory. Far from operating on a level playing field, criminal investigations in war contexts must be undertaken under institutional conditions that tend to favor state agents over non-state opposition groups. The article spells out some implications of this form of state bias and argues that it can contribute to exacerbate conflict and prolong violence in war.

Maritime Claims and Underwater Archaeology: When History Meets Politics

2021 ◽  
Vol 4 (1-2) ◽  
pp. 1-131
Author(s):  
Mariano J. Aznar
Keyword(s):  
South China Sea ◽  
Cultural Heritage ◽  
International Law ◽  
South China ◽  
Ethical Issues ◽  
Underwater Archaeology ◽  
Underwater Cultural Heritage ◽  
Archaeological Heritage ◽  
Territorial Claims ◽  
Legal And Ethical Issues

Abstract Among other circumstances relevant to maritime delimitations, some States have recently used the protection of underwater cultural heritage (UCH) as grounds for advancing jurisdictional or sovereignty claims over different maritime areas. After identifying the contours of current international law governing that heritage, this book critically addresses: first, the generally limited use of archaeological heritage in territorial claims; second, the broad acceptance by States of ‘archaeological maritime zones’ that overlap with declared contiguous zones; and, third, the (mis)use of UCH and underwater archaeology in three still disputed maritime claims, namely, Canada’s claim in Arctic waters, China’s in the South China Sea, and Russia’s in Crimea and its surrounding waters. Legal and ethical issues related to underwater archaeology are also discussed.

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