Immaterial cultural property and the private owner: how copyright and trade law might address access and preservation

2019 ◽  
Vol 9 (3) ◽  
pp. 262-281
Author(s):  
Susan Corbett
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Public Interest ◽  
Cultural Property ◽  
Third Party ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Property A ◽  
The Public ◽  
Trade Law

Private owners of culturally significant works are legally entitled to refuse to permit third parties, including cultural heritage institutions (CHIs), to access those works. This situation is particularly problematic for CHIs when the cultural works at issue are immaterial works that are supported on unstable physical platforms, such as cellulose acetate film, cellulose tapes or early computer software. Ideally, these cultural works should undergo urgent digital preservation processes in order to preserve and protect the public interest in accessing its cultural heritage. If property is culturally important, a private owner's ability to withhold it from third party access may conflict with the human right to participate in cultural life, as affirmed in international human rights law. Noting however that human rights law also provides that ‘no-one shall be arbitrarily deprived of his property’, a balance between the property rights of the owner and the public interest in culture is essential. This article proposes amendments to copyright law and domestic trade law as possible ways to provide this balance. This article focuses on New Zealand law and its earliest immaterial cultural works, but the arguments could be extended to other cultural works and to other jurisdictions.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

scholarly journals WYBRANE ZAGADNIENIA WŁASNOŚCI ZABYTKÓW I DZIEŁ SZTUKI W PRAWIE PRL-U

2016 ◽  
Vol 11 (2) ◽  
pp. 171 ◽  
Author(s):  
Alicja Jagielska-Burduk
Keyword(s):  
Cultural Heritage ◽  
Public Interest ◽  
Legal Status ◽  
Private Property ◽  
Cultural Property ◽  
Future Generations ◽  
The Public ◽  
Common Heritage ◽  
Works Of Art ◽  
The Common

LEGAL STATUS OF CULTURAL PROPERTY AND WORKS OF ART IN THE PRL Summary The article deals with the legal status of works of art and cultural property in the Polish legislation during communism period. Classifying those objects as private property was considered as a very difficult task, because of their material value and the public interest in saving them for future generations. The strict limitations of individuals property were perceived as unusual and as a result a new sort of property – the private cultural property was distinguished. Moreover, the concepts of the common heritage and res extra commercium could be observed in the light of the PRL ideas. It should be emphasized that the above mentioned theories for improving cultural heritage regulations are the most popular in the nowadays’ international discussion.

2 Right to a Public Trial

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
National Security ◽  
Criminal Trial ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Public ◽  
Public Nature ◽  
International Human ◽  
The Right

This chapter examines the right to a public trial, which protects both the defendant in a criminal trial and the interests of society as a whole in having a fair system of open justice. Under international human rights law, the right requires that a criminal trial should be held in public and that the court’s judgment is pronounced publicly. However, the right to a public trial is not absolute. The right may, for instance, be limited by valid national security concerns, or to protect the interests of a child or victim of sexual assault. This chapter examines the circumstances in which international bodies have found that exceptions to the right to a public trial are justified, and the additional measures that may be required to ensure that a criminal trial remains fair when there are restrictions on the public nature of proceedings. right to fair trial

Saving Hasankeyf: Limits and Possibilities of International Human Rights Law

2018 ◽  
Vol 25 (1) ◽  
pp. 11-34
Author(s):  
Bahar Aykan
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Ancient City ◽  
Grassroots Initiatives ◽  
International Human

Abstract:This article explores the limits and possibilities of international human rights law in protecting cultural heritage from state-led destruction. It does so by focusing on two attempts by activists and non-governmental organizations to have the United Nations and the Council of Europe intervene to save the ancient city of Hasankeyf in Turkey’s southeast region, which will soon be flooded by the reservoir waters of the Ilısu Dam. Adopting a heritage rights focus, these grassroots initiatives have argued that Hasankeyf’s destruction would constitute a violation of human rights because it would deprive people of their right to participate in, and benefit from, cultural heritage. I suggest that, as powerful attempts to link cultural heritage and human rights, these cases demonstrate the need for more effective and legally binding international frameworks to protect heritage rights as an aspect of human rights.

The reactive model of disaster regulation in international law and its shortcomings

2021 ◽  
pp. 1-20
Author(s):  
Rhys Carvosso
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Adaptive Model ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Control ◽  
Trade Law ◽  
Investment Law ◽  
International Human

Abstract This article presents a theoretical framework by which to understand how disasters are reconciled with a state’s existing obligations under international law. This ‘reactive’ model of disaster regulation hinges on two regulatory techniques, ‘disapplication’ and ‘exculpation’, both of which involve a deviation from the ordinary application of a norm owing to the occurrence of a disaster or to measures adopted by a state in relation to it. It proceeds to outline the various doctrines and mechanisms across different subfields of international law, including international human rights law, investment law and trade law, which may operationalize these techniques in disaster situations. Finally, it argues that the applicability of certain disapplication and exculpation mechanisms to disasters relies on an anachronistic view of such disasters as rare and episodic occurrences beyond human control. This puts these mechanisms at odds with the central objectives of international disaster law and their underlying sociological and scientific premises, which emphasize the need for an ‘adaptive’ model of comprehensive and prevention-oriented disaster regulation. Accordingly, this analysis exposes the conceptual limitations of the reactive model for disaster regulation and explains and validates the inclination toward an adaptive model within international disaster law. It also indicates how mechanisms within the reactive model could be recalibrated to better regulate disasters.

Part III Structural Principles, Ch.17 Solidarity

2013 ◽  
Author(s):  
Wolfrum Rüdiger
Keyword(s):  
Human Rights ◽  
Environmental Law ◽  
Humanitarian Assistance ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Trade Law ◽  
Structural Principles ◽  
International Human ◽  
The Impact

This article examines the role and influence of the principle of solidarity on international human rights law. It analyses the pronouncement of the United Nations on solidarity and the impact of solidarity on some international legal regimes concerned with peace, trade law and environmental law. This article argues that solidarity not only facilitated the internationalization of human rights concerns but also significantly influenced modern doctrines of reparations for human rights victims, the responsibility to protect and humanitarian assistance.

Ensuring that Others Behave Responsibly

2011 ◽  
Vol 20 (4) ◽  
pp. 481-498 ◽  
Author(s):  
Alison Mawhinney ◽  
Iorwerth Griffiths
Keyword(s):  
Human Rights ◽  
Analytical Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Public Power ◽  
Public And Private ◽  
The Public ◽  
Anthony Giddens ◽  
Regulatory Approach ◽  
Complex Landscape

Governance produces a complex landscape of public power that state authorities have to take account of when discharging their duties under international human rights law. A traditional model of human rights law views the state as the primary duty-holder. However, to restrict the reach of human rights law to actions carried out by state bodies is extremely problematic in a context where the private and voluntary sectors are involved in service delivery and the boundary between the public and private is hazy. This article examines the approaches taken by international and domestic human rights law to the question of the applicability of human rights law. In this examination it draws upon the recent work of Anthony Giddens as a means of illustrating the socio-political context in which human rights law must now be implemented. The article argues that an understanding of Giddens’ evolving conception of the modern state is instructive in posing questions on the appropriate response of human rights law to governance. An analytical framework comprising three possible approaches – institutional, functional or regulatory – is put forward. The article argues that the shift to what Giddens calls the ‘ensuring’ state ought to entail a corresponding shift to a ‘regulatory approach’ in the interpretation of human rights obligations.

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