Catalogue Search | MBRL
Are you sure you want to remove the book from the shelf?
{{itemTitle}}
34
result(s) for
"Woudenberg, Nout van"
Sort by:
State Immunity and Cultural Objects on Loan
This study examines whether there is any rule of (customary) international law stipulating that cultural objects belonging to foreign States that are on loan for temporary exhibition are immune from seizure, or whether such a rule is emerging.
eBook
Attacks against Cultural Property in Armed Conflict – How to Reduce the Risk of Impunity?
People see cultural property as their heritage, which identifies them and made them who they are today. Loss of cultural property deprives people of tangible remnants of their past and leaves deep unhealable wounds. Therefore, there are special regimes and measures in place in order to protect cultural property during armed conflict. However, instead of saving and sparing cultural property, belligerents often even intentionally target the cultural property of the other people as a means of warfare in order to break the backbone and morale of these people or make their identity fade away. Measures such as enhanced protection, individual criminal responsibility, and means for paying more attention to the dissemination and implementation of the rules of warfare do not seem to have sufficient desired effect. So how can we more effectively make belligerents refrain from destroying cultural property? How can we increase deterrence effects and decrease impunity? This article first shortly reflects on the legal framework of cultural property protection in armed conflict. Then it touches upon the various obligations of states with regard to the practical implementation of, and adherence to, these rules, after which it flags several cases before international courts and tribunals, both regarding individual criminal responsibility and state responsibility. Thereafter the recent Russian destruction of cultural property in Ukraine is addressed, followed by an examination of how deterrence can be enhanced and impunity reduced. The article ends with several conclusions and recommendations in that regard.
Journal Article
Protecting Cultural Property in Armed Conflict
In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.
eBook
The Draft Convention on Immunity from Suit and Seizure for Cultural Objects Temporarily Abroad for Cultural, Educational or Scientific Purpose
The international exchange and circulation of cultural objects as well as public accessibility to them are fundamental tenets of cultural heritage law. The sharing of cultural values by means of such mobility promotes global consciousness and helps form the fabric of a global community. Art and artifacts can be superb ambassadors. In particular, international lending and borrowing of objects for public display and scientific research are essential. Loans of objects have become particularly significant as tighter budgets and stricter ethical requirements have restricted purchases of objects by museums and other institutions.
Journal Article
The Long and Winding Road Towards an Instrument on Cluster Munitions
Cluster munition has been used for some decades. The issue of how to keep the cluster munition problem manageable has also been debated for a long time. At present, the establishment of an international instrument on cluster munitions is being discussed in two fora, namely in the context of the Conventional Weapons Convention and in what is known as the 'Oslo Process'. These discussions, which have intensified following the use of cluster munitions by Israel in southern Lebanon in the summer of 2006, are driven by the impact such munitions can have on the civilian population. Whereas formerly the debate tended to focus on the general problem of the explosive remnants of war (ERW) and current international humanitarian law was fairly generally regarded as adequate, the calls for an instrument specifically designed to deal with the issue of cluster munitions have suddenly become much more insistent since 2006. The article considers various questions. For example, how can the problem of cluster munitions be defined in a nutshell? What are cluster munitions? Is current international humanitarian law inadequate? How are the discussions on ERW in general and cluster munitions in particular being pursued? And why is an international legal instrument now being discussed in two fora? In short, the article is about a long and winding road towards an instrument on cluster munitions, or perhaps two instruments.¹
Journal Article
THE CLUSTER MUNITIONS CONVENTION: AROUND THE WORLD IN ONE YEAR
On 3 December 2008, the Convention on Cluster Munitions (hereinafter the Convention), a legally binding instrument on cluster munitions that cause unacceptable harm to civilians, was signed by 94 states in Oslo. The Convention is the result of a Norwegian initiative of November 2006 which, ultimately led to negotiations conducted in Dublin from 18-30 May 2008 between 111 states. Below, a short overview will be given with regard to the process that led to the Convention, followed by a short explanation of the most relevant Articles of the Convention and the ideas behind it. Finally, a determination will be given with regard to the future role of the Convention in the field of international humanitarian law.
Journal Article
Die Koenigs-Sammlung: Bangen und Hoffen in einem niederländisch-rußländischen Restitutionsfall
Auf der politischen Agenda der niederländisch-rußländischen Beziehungen steht seit langem ein Restitutionsfall: die Koenigs-Sammlung. Über 500 der mehr als 2500 Zeichnungen Alter Meister, die der Bankier Franz Koenigs in den 1920er Jahren erworben hatte, erwarb Hitlers Beauftragter für das Führermuseum, Hans Posse, 1940 in einem illegalen Transfer. Diesen Teil der Sammlung verbrachte 1945 die Rote Armee nahezu komplett aus Dresden in die UdSSR. Während die DDR die 33 auf ihrem Territorium verbliebenen Zeichnungen 1987 an die Niederlande restituierte und die Ukraine die nach Kiev gelangten Stücke 2004 zurückgab, verzögerte Rußland bislang die Restitution. Zwar haben die Niederlande das Völkerrecht auf ihrer Seite, doch Rußland beharrt darauf, nach Maßgabe der eigenen Restitutionsgesetzgebung über den Fall zu entscheiden. For a long time, a particular case of restitution has stood near the top of the political agenda of Dutch-Russian relations: the Koenigs Collection. Over 500 of the more than 2,500 drawings by Old Masters bought by the banker Franz Koenigs in the 1920s were procured by Hans Posse, Hitler's plenipotentiary for the Führer Museum, in an illegal transfer in 1940. The Red Army took this part of the collection almost fully in tact from Dresden to the Soviet Union. While East Germany in 1987 restituted the 33 drawings that remained on its territory to the Netherlands and Ukraine returned the works that had made their way to Kiev, Russia has delayed restitution. The Netherlands may have international law on its side, but Russia insists on deciding the case according to its own restitution legislation.
Journal Article
