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Memory, Cultural Heritage and Community Rights

Church Bells in Eastern Europe and the Balkans

Andrzej Jakubowski, Francesca Fiorentini and Ewa Manikowska

the relevant human remains returned’. 84 In other words, the rights of a community having an intrinsic interest in a given cultural object should prevail. Sadly, the issue of community rights and collective interests in cases of dispute settlements stemming from territorial reconfigurations and

David Lempert

peoples ; cultural rights ; community rights ; IUCN ; international law 1. Introduction Are centuries of accumulated human wisdom really less important than beetles or weeds? Among academia, the international development community, and many segments of the global public, the answer would be “Yes”, if

Francesca Fiorentini and Andrzej Jakubowski

This article deals with the contested status of two groups of cultural objects – a collection of priceless artworks, and fifteen church bells – originating from Istria, precisely from the present-day territory of the Slovenian and Croatian Littorals, and preserved in Italy since the turbulent, tragic times of the Second World War. It argues that the ownership title to such objects does not lie at the centre of the current controversy between Slovenia (and potentially Croatia) and Italy. Instead, it seems that the fundamental issue in this regard refers to the recognition and realization of cultural community rights to such heritage, affected by political, territorial and ethnic transformations. This article discusses various international legal regimes that might be applicable in this case of Istria’s contested cultural heritage, with special focus on the enhancement of cultural human rights and international cultural cooperation. It also touches upon the concept of procedural justice, built on the principles of participation, voice and transparency, which are perceived as crucial in negotiating and managing cultural heritage matters and controversies.

Old and New Islam in Greece

From Historical Minorities to Immigrant Newcomers

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Konstantinos Tsitselikis

The legal and political habitus of Greece's Muslim population is discussed in a fascinating interdisciplinary historical overview of both indigenous minority and immigrant communities providing insights into the evolution and current state of minority and migration law. The book also speaks in a piercing fashion to the scholarly debate on communitarianism and liberalism, as Greece’s sui generis legal tradition and embrace of community rights often runs contrary to the country’s own liberal legal order and international human rights standards. How notions of ethnicity and citizenship have been challenged by recent Muslim immigration is further explored. The reader is therefore treated to a comprehensive analysis of minority rights pertaining to 'Old' and 'New' Islam in Greece within the European context.

Cultural Rights as Collective Rights

An International Law Perspective

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Edited by Andrzej Jakubowski

Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights.

Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.

Stephen Hall

One of the most striking changes contained in the Maastricht Treaty was the establishment of a de jure `citizenship of the Union'. For the first time since the Roman Empire, peoples of Eastern, Western, Northern and Southern Europe share a common legal citizenship status. The significance of this development is potentially profound, yet it is one of the least discussed aspects of the Maastricht Treaty.
In this book Stephen Hall examines the legal implications of establishing a European citizenship. He shows that Community law has never given unqualified effect to the Member States' dispositions of their nationalities, and that the Member States have had their sovereign power to confer and withdraw their nationalities qualified by the Maastricht Treaty. The book goes on to discuss the implications of Union citizenship on Community migration rights, demonstrating that the new non-economic migration rights for Union citizens are directly effective but that they are subject to a range of important limitations and conditions. Among these conditions is a residual constitutional power, contingently retained by the Member States to derogate from Community rights on the grounds of national or public security.

Digital Citizens, Not Just Consumers

Defining Digital Citizenship for Democracy

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Megan Ryland

, to speak of digital citizens would be a misnomer, because it treats this citizenship practice as if it were a new status instead of simply analog citizenship expressed through new tools. If we are invested in the democratic potential of the Web, the digital citizen must be one with a community

Proclamation 482 of 2006 (access to genetic resources and community knowledge and community rights). English text in 3 Law environment and development journal 89 (2007). Proclamation 206 of 6 Jun 2000 (seeds and seed variety) in Federal Negarit Gazeta of the Federal Democratic Republic of Ethiopia6

development act of 1976. Amended in 1998. Text at http://faolex.fao.org/(FAOLEX). Forest land act of 2008 (creating Title 23 of the the Liberian Codes Revised, establishing community rights with respect to o...

Robertson, Arthur Henry

européenne du charbon et de l'acier, Keywords European integration | European Communities | Rights relating to literary and artistic works | Council of Europe | Europe | International organizations (Intergovernmental) | European Coal and Steel Community