Dissertations / Theses on the topic 'Public Law – Cultural Heritage'
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North, MacLaren. "Protecting the past for the public good archaeology and Australian heritage law /." Connect to full text, 2007. http://hdl.handle.net/2123/1602.
Full textTitle from title screen (viewed 25 March 2008). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Dept. of Archaeology, Faculty of Arts. Degree awarded 2007; thesis originally submitted 2006, corrected version submitted 2007. Includes bibliographical references. Also available in print form.
Sibayi, Dumisani. "Adressing the impact of structural fragmentation on aspects of the management and conservation of cultural heritage." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2758.
Full textENGLISH ABSTRACT: The birth of democracy in South Africa launched a paradigm shift in the public sector aligning it with the new political ideology. To meet this objective, state organs had to be radically transformed to embrace this new political ideology so as to extend and enhance service delivery to all South Africans. The democratisation of state organs led to the transformation of public institutions both statutory and non-statutory. The urgency to transform strategic state institutions whose mandate was to provide basic and primary needs like health, housing and social services, led to the neglect of other like sport, culture, and the natural environment. The transformation of some of the latter institutions was attended to only after a couple of years after the democratisation. This led to flaws in these legislative development processes which resulted in the creation of different institutions by various laws. This was the root cause of fragmentation. The provisions of these Acts are in some areas ambiguous and contradictory. The consequences are duplications and overlaps in the implementation processes. Heritage institutions have different regulatory frameworks and management systems – regulations, policies, guidelines and procedures. Furthermore, complex internal management systems expedite fragmentation of this sector. This institutional fragmentation has enormous impact on heritage conservation and management. There is limited cooperation and collaboration between heritage institutions. This study will outline how theories, strategies and instruments from the new public management approach, can be utilised to address these challenges.
AFRIKAANSE OPSOMMING: Met die totstandkoming van ‘n demokratiese Suid-Afrika het in paradigma verskuiwing in die openbare sektor gevolg wat dit in lyn gebring het met die nuwe politieke ideologie. Om hierdie doelwit te bereik staats instelling moes radikaal getransformeer word om hierdie nuwe politieke ideologie te ondersteun en diens lewering na alle Suid-Afrikaners uit te brei. Die demokratisering van staatsinstellings het tot die transformasie van beide statutere en -nie statutere instellings gelei. Die noodsaak om strategiese staatsinstellings wie se mandaat dit was om basiese en primere dienste soos gesondheid, behuising en maatskaplike dienste te verskaf en transformeer, het tot die verwaarlosing van sport, kultuur en omgewingsake gelei. Dit het ‘n paar jaar geduur na demokratisering voordat die transformasie van hierdie instellings aandag gekry het. Die gevolg was ‘n gebrekkige wetgewende ontwikkelingsproses wat tot die totstandkoming van verskillende instellings in terme van verskeie wette gelei het. Hierdie is die bron van fragmentasie. Die voorskrifte van hierdie wetgewing is in sekere areas dubbelsinnig en teenstrydig. Die gevolg is duplikasie en oorvleuling in die implementeringsprosesse. Erfenis oorvleueling instellings het verskillende regulatoriese raamwerke en bestuurstelsels- regulasies, beleide, riglyne en prosedures. Verder vererger die komplekse interne bestuurstelsels fragmentasie in die sektor. Die institusionele fragmentasie het groot impak op erfenisbewaring en-bestuur. Daar is beperkte samewerking tussen erfenis instellings. Hierdie studies sal aandui hoe teoriee, strategie en instrumente van die nuwe benadering tot openbare bestuur aangewend kan word om hierdie uitdagings die hoof te bied.
Wagener, Noé. "Les prestations publiques en faveur de la protection du patrimoine culturel." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111007.
Full textThe thesis has made the methodological choice of reducing the action of the State for the protection of cultural heritage to a simple series of "services". Taking the neoliberal perspective literally, it intends to study all State interventions in this area, regardless of the shapes they assume (enactment of regulation and provision of services). In doing so, the scientific challenge of the thesis is to get to determine why the State acts in cultural heritage, and more specifically why it acts in a certain way rather than another. This functional interrogation, rarely asked by lawyers in France, is of interest as it questions the particular ways in which specific categories of law help to produce - much more than to describe - the choice of a particular cultural heritage protection. Thus, the diachronic observation of services, since the French Revolution, shows that on multiple occasions, these services have found, in all seriousness, their source outside the State, specifically in a community right. Also, beyond a progressive etatization process (which is not in itself very original), a complex reversal of the relation of the State to the society emerges : during the nineteenth and twentieth centuries, the State frees itself from the society, helped by a massive work of doctrinal reconceptualizations. It is only between World War I and World War II, after the failure of theories of social law, that the legal explanation of State services for the protection of cultural heritage is finally locked in the antagonism between the authority of the State and fundamental rights
Eljuri, Jaramillo Gabriela. "El patrimonio cultural como escenario de prácticas, discursos y disputas: Las plazas del Centro Histórico de Cuenca." Doctoral thesis, Universitat de Barcelona, 2020. http://hdl.handle.net/10803/671859.
Full textThis thesis analyzes the dynamics established in the conservation of cultural heritage in public spaces and its social uses. It was carried out in the historic center of Santa Ana de los Ríos de Cuenca. Cuenca is a southern Andean city in Ecuador, whose historic center was declared a National Cultural Heritage Site in 1982 and a World Heritage Site in 1999. We understand plazas as being favored public spaces in historical centers and places of both real and symbolic disputes. We studied ten squares, or plazas, in which rehabilitation projects were approved between 2006 and 2016. The research focused on the uses, discourses and perceptions of the citizens and local institutions in these public spaces. The study was qualitative, with an emphasis on the ethnographic method. We worked with documentary review and analysis, in-depth interviews, observation and consultation through an open-response questionnaire. From the analysis of the Historic Center of Cuenca, we proposed an investigation to generate new debates and narratives about cultural heritage, considering heritage as a social construct and a multi-faceted political device, and historical centers and their public spaces as scenarios where identities, memories, discourses and practices are not only diverse, but are interwoven with interests and demands of different kinds. The results of the research indicate that cultural heritage, in addition to being comprised of properties, objects and cultural expressions, is also a discursive construct and a complex scenario with a variety of different meanings, struggles and power relations, where citizens claim their rights over public spaces and the city. At the same time, the research allows us to affirm that cultural heritage is a discursive construct born from hegemonic visions of the nation, identity and the city. Cultural management has prioritized a homogeneous view of the society, making social conflict, memories and diverse heritage invisible. The study concludes that new approaches and forms of heritage management are necessary, which account not only for diversity, but also for differences, inequities and unequal social negotiations amongst the citizens. There is an urgent need to make diverse identities and memories, heterogeneity, conflicts and differences visible. There is also an urgency to rewrite heritage, taking into account the discourses of minorities, so that it can become significant for the diverse inhabitants of the cities.
Dromgoole, Sarah. "Law and the underwater cultural heritage : a legal framework for the protection of the underwater cultural heritage of the United Kingdom." Thesis, University of Southampton, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.308336.
Full textSmith, Amanda Jane, and n/a. "Making cultural heritage policy in New Zealand." University of Otago. Department of Political Studies, 1996. http://adt.otago.ac.nz./public/adt-NZDU20070530.152110.
Full textO'Keefe, Roger. "Law, war and 'the cultural heritage of all mankind'." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270870.
Full textForrest, Craig J. S. "International law and the preservation of underwater cultural heritage." Thesis, Online version, 2000. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.324230.
Full textDiPaolo, Andrea. "Space law and the protection of cultural heritage: the uncertain fate of humanity's heritage in space." Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=121600.
Full textAlors que de nombreux gouvernements et entités commerciales prévoient d'ambitieuses expéditions dans l'espace extra-atmosphérique et dans les corps célestes, le patrimoine de l'humanité dans l'espace est menacé. Cette thèse examine les protections actuellement disponibles pour les objets et sites qui représentent les grandes réalisations de l'humanité concernant l'utilisation et l'exploration de l'espace, avec une attention particulière portée sur la Base de la Tranquillité, le site d'atterrissage d'Apollo 11. Les protections existantes sont analysées en vertu du droit du patrimoine culturel et du droit de l'espace, et se concentrent principalement sur le langage des traités en ces domaines. Il y a eu plusieurs tentatives menées aux États-Unis pour protéger les sites d'atterrissage d'Apollo, en particulier concernant la Base de la Tranquillité. Ces mesures sont examinées dans les développements de la thèse afin d'évaluer leur pertinence et leur efficacité. Les recommandations pour optimiser la protection du patrimoine de l'espace dans le futur sont ensuite présentées. Cette thèse conclut que l'approche la plus efficace, qui est également la plus susceptible de réussir, consiste en un processus en plusieurs étapes, comprenant des mesures unilatérales, des traités bilatéraux et une solution multilatérale de soft law, aboutissant idéalement à un traité multilatéral, et pouvant éventuellement conduire à la formation de droit international coutumier. Fondamentalement, la coopération et la bonne foi sont les pierres angulaires de toute solution à ce problème de droit international. Il est important que les règles juridiques régissant l'interaction et la préservation de ces objets et de ces sites soient clairement déterminées, afin d'éviter que des dommages irréversibles ne soient causés à une ressource unique et irremplaçable.
Galvan-Lopez, Brenda. "Contemporary heritage : public space and cultural production in Veracruz, Mexico." Thesis, University of Newcastle Upon Tyne, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.542207.
Full textHardy, Samuel Andrew. "Interrogating archaeological ethics in conflict zones : cultural heritage work in cyprus." Thesis, University of Sussex, 2010. http://sro.sussex.ac.uk/id/eprint/7344/.
Full textKogelschatz, Megan. "Protecting the Past for a Better Future: Protecting Palestinian Cultural Heritage." Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/20523.
Full textWharton, Glenn. "Heritage conservation as cultural work : public negotiation of a Pacific hero." Thesis, University College London (University of London), 2005. http://discovery.ucl.ac.uk/1446722/.
Full textNorth, MacLaren Andrew. "Protecting the past for the public good: archaeology and Australian heritage law." University of Sydney, 2007. http://hdl.handle.net/2123/1602.
Full textArchaeological remains have long been recognised as fragile evidence of the past, which require protection. Legal protection for archaeological heritage has existed in Australia for more than thirty years but there has been little analysis of the aims and effectiveness of that legislation by the archaeological profession. Much Australian heritage legislation was developed in a period where the dominant paradigm in archaeological theory and practice held that archaeology was an objective science. Australian legislative frameworks continue to strongly reflect this scientific paradigm and contemporary archaeological heritage management practice is in turn driven by these legislative requirements. This thesis examines whether archaeological heritage legislation is fulfilling its original intent. Analysis of legislative development in this thesis reveals that legislators viewed archaeological heritage as having a wide societal value, not solely or principally for the archaeological community. Archaeological heritage protection is considered within the broader philosophy of environmental conservation. As an environmental issue, it is suggested that a ‘public good’ conservation paradigm is closer to the original intent of archaeological heritage legislation, rather than the “scientific” paradigm which underlies much Australian legislation. Through investigation of the developmental history of Australian heritage legislation it is possible to observe how current practice has diverged from the original intent of the legislation, with New South Wales and Victoria serving as case studies. Further analysis is undertaken of the limited number of Australian court cases which have involved substantial archaeological issues to determine the court’s attitude to archaeological heritage protection. Situating archaeological heritage protective legislation within the field of environmental law allows the examination of alternate modes of protecting archaeological heritage and creates opportunities for ‘public good’ conservation outcomes. This shift of focus to ‘public good’ conservation as an alternative to narrowly-conceived scientific outcomes better aligns with current public policy directions including the sustainability principles, as they have developed in Australia, as well as indigenous rights of self-determination. The thesis suggests areas for legal reforms which direct future archaeological heritage management practice to consider the ‘public good’ values for archaeological heritage protection.
Blakely, Megan Rae. "Intellectual property and intangible cultural heritage in Celtic-derived countries." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30838/.
Full textDenolle, Alice. "L'accès à la propriété des biens archéologiques. Etude de droit comparé, France, Etats-Unis." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111006.
Full textFrance and the United States have both recognized the importance of preserving archaeological resources against any damage or destruction through legal protection so that their use by present generations and their transfer to future generations may be ensured. This importance is reflected through the existence of a public interest in the preservation ofarchaeological resources. The public interest is rooted in different values which are assigned to archaeological resources and which may be referred to as the cognitive value, the identity value, the aesthetic value and the economic value. In both countries the cognitive value appears to be the cornerstone of protective legislation.Even though the United States and France recognize that there is a public interest in preserving archaeological resources, the ownership of archaeological resources is still deeply governed by common law rules, according to which archaeological resources are seen as mere property. This dichotomy proves to be a source of tension between two competing interests:the public interest which lies in archaeological resources protection on the one hand, and the private interest, expressed through ownership, on the other hand.The legal definition of protected archaeological resources lies therefore at the forefront of the issue. In both countries, there is no uniform status of archaeological resources. However, protective legislation recognizes the very specificity of these resources, developing therefore specific protective schemes. The two legal systems tend to favor public ownership, the state being seen has the most suitable owner capable of ensuring preservation. But private ownership appears to be a strong opposition public ownership has to face. However, private ownership of archaeological resources does not necessarily equal lack of protection.No special property status has thus been implemented in either countries. Conflicts arising between preservation and ownership of archaeological resources in the current protective systems could therefore be resolved by drawing the consequences of the specificity of archaeological resources into the protective schemes
Hui, Fung-yi Polly. "Collective interpretation the public perception of Statue Square as an intangible heritage /." Click to view the E-thesis via HKUTO, 2007. http://sunzi.lib.hku.hk/hkuto/record/B42219607.
Full textDragasi, E. "The legislative process in developing cultural heritage protection policy in Greece with particular reference to the protection of cultural heritage in law 3028/2002." Thesis, University College London (University of London), 2014. http://discovery.ucl.ac.uk/1443159/.
Full textRestrepo-Navarro, Paulina. "Le droit du patrimoine culturel colombien à l´épreuve de la restitution internationale des biens archéologiques : Quelle approche vis-à-vis des vestiges qui se trouvent à l´étranger ?" Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111007.
Full textIt has been more than twenty-five years since Colombia State ratified the 1970 Unesco Convention and one year later it ratified the 1995 Unidroit Convention. It is now relevant to evaluate Colombia’s cultural heritage law and its perception of the issues surrounding the international trade of archaeological objects and ownership transfer. If archaeological antiquities belong unmistakably to the Nation since 1991, their constitutional protection does not satisfy the nationalistic policy this source country would like to lead.The evaluation of cultural heritage law is a double issue. On the one hand, there is the problem of how the domestic laws are applied to archaeological objects within the national territory. On the other hand, there is the difficulty of implementing domestic legislation when the antiquities are abroad. It is therefore a question of assessing if Colombia’s cultural heritage legislation has a framework that is clear and precise enough to allow the State to succeed in its claims and of defining to what extent it can be reinforced by foreign authorities and courts.Furthermore, international treaties adopted in this field since the second half of the twentieth century seem insufficient to meet Colombia´s concerns. Practice has shown that the international fight against illicit trade is closely bound to domestic laws, either that of the requesting State or of the requested State. The litigation strategies that can be brought before French authorities and courts have been studied as an example.These conflicts concern several actors: States, indigenous people, art dealers and museums. Their different level of interests reveal the complexity of the relationships that can be built among these antiquities considered, according to the stakeholders’ point of view, as identity, sacred, artistic or scientific objects.Finally, the recent development of Colombia’s cultural heritage legislation seems to challenge the country’s relation with its archaeological objects abroad
Hui, Fung-yi Polly, and 許鳳怡. "Collective interpretation: the public perception of Statue Square as an intangible heritage." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B42219607.
Full textTjahjani, Indra, and n/a. ""Taman Sari" Yogyakarta : a cultural perspective in landscape design." University of Canberra. Environmental Design, 2005. http://erl.canberra.edu.au./public/adt-AUC20061122.123558.
Full textStrati, Anastasia G. "The protection of the underwater cultural heritage as an emerging objective of the contemporary law of the sea." Thesis, Cardiff University, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.336543.
Full textKrause, Stefan M. "The Production of Cultural Heritage Discourses: Political Economy and the Intersections of Public and Private Heritage in Yap State, Federated States of Micronesia." Scholar Commons, 2016. http://scholarcommons.usf.edu/etd/6285.
Full textKirkendoll, Ceri Danika, and n/a. "The slab houses of Canberra: A comparative analysis of design, form, and meaning." University of Canberra. Arts & Design, 2004. http://erl.canberra.edu.au./public/adt-AUC20081204.124329.
Full textZhuo, Jing. "Intangible cultural heritage in the People's Republic of China : the example of the Miao nationality." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2291554.
Full textImon, Sharif Shams. "Sustainable urban conservation the role of public participation in the conservation of urban heritage in old Dhaka /." Click to view the E-thesis via HKUTO, 2006. http://sunzi.lib.hku.hk/hkuto/record/B36224091.
Full textHinostroza, Naveda Nicole Alexandra. "Centro Cultural en Pisco." Bachelor's thesis, Universidad Peruana de Ciencias Aplicadas (UPC), 2020. http://hdl.handle.net/10757/652950.
Full textThe present work consists of the proposal of the Cultural Center located in the city of Pisco, which brings with it the fact of wanting to spread interest in the arts, music and the development of skills and talents that complement personal growth. Art and culture are an important part of a society and in most cases, it contributes to the improvement of the population as a community that contributes to the development of its territory. This province presents a large number of children and young people who need, in addition to a good education, the incentive to develop other skills that can guide them in their personal and professional development, an issue that is currently not resolved. After the Earthquake of 2007, there was a huge delay in its development, which resulted in the authorities having a greater focus on the housing system and neglecting educational, cultural and recreational issues including the recovery of public spaces. This project seeks to be a memory icon of the city, since, after the tragedy of 2007, much of the cultural heritage of this Historic Center was lost. Therefore, the proposal takes the architectural features of this place, in addition to accompanying it with the materiality of the site, color palette and vegetation, which enhances this emphasis on the project. Additionally, public spaces are given at different levels, which make the project richer and can be an important part not only of recreation, but also part of the daily intercultural education of the population.
Tesis
Gornik, Vivian Beatrice. "Producing the Past: Contested Heritage and Tourism in Glastonbury and Tintagel." Scholar Commons, 2018. https://scholarcommons.usf.edu/etd/7297.
Full textGodden, Lee, and n/a. "Nature as Other: The Legal Ordering of the Natural World: Natural Heritage Law and Its Intersection With Property Law and Native Title." Griffith University. Griffith Law School, 2000. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20050831.095124.
Full textLino, Fernanda Noia da Costa. "A preservação do patrimônio cultural urbano: fundamentos, agentes e práticas urbanísticas." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-27012011-091914/.
Full textThe present study deals with the preservation of cultural heritage provided by the State through the exercise of urbanistic activity. More specifically, it analyzes the foundation, agents and practices admitted by Brazilian legal system to reach the goal of preserving, to present and future generations, certain cultural values existing in the cities. The expression urban cultural heritage was adopted in this study as comprehensive of historical and architectural monuments and aggregations taken in an isolated manner - whose cultural values are most easily identified in their physical and material structures as well as of the built and humanized environment of cities (made up of parks, squares and other spaces used in practices and social events), which carries cultural values of immaterial nature, relevant for the ability to provide welfare and quality of life for city residents. As a starting point of this approach, it is briefly mentioned some legislative history pointing out that official concerns with the protection of cultural heritage existed since Antiquity. Next, this work examines the evolutionary reasons given for conservation, as well as the notions of cultural heritage adopted by the main international documents that deal with the issue. It also analyzes the innovations made by the Brazilian Federal Constitution for both the legal concept of cultural heritage and for urban discipline. Deep attention is also devoted to the agents that, according to the Brazilian legal system, are in charge of acting on the preservation of urban cultural heritage or even legitimated to do so. Finally, it also investigates the main urbanistic instruments available to achieve this task, suggesting with proper foundation, that the preservation of urban cultural heritage should be conducted in a planned manner, dispensing na urbanistic view to related issues.
Gagliani, Gabriele. "International Investment Law and the Tangible and Intangible Aspects of Cultural Heritage : Substantive Discipline and Dispute Settlement Interactions." Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLN012.
Full textThe relationship between international investment law and cultural heritage has commanded little attention and only recently. Certainly, international investment law has become one of the most prominent branches of international law. Its development has been strictly connected to the soaring growth of bilateral treaties on the promotion and protection of foreign investment and free trade agreements with foreign investment chapters. n turn, the status and place of cultural heritage under international law has grown, significantly progressing from some provisions included in international humanitarian conventions on the protection of heritage during armed conflicts. In light of the few studies existing on the subject of this thesis, which have in general concluded that conflictual and ambiguous relations exist between international investment law and cultural heritage, this thesis proposes to analyze this relation from both the substantive and dispute settlement standpoints. The idea that the relation between foreign investment and cultural heritage, regulated in different ways and ‘intensities’ by international law, could be positive was a general premise for all the research. Indeed, among investments, foreign investments have a great importance in a moment of economic crisis and difficulty in finding appropriate resources to safeguard heritage. Investments are hence vital for culture. The researches and analyses carried out for the thesis have shown that investment treaties often contain a number of provisions concerning culture and cultural heritage. With regard to international disputes, investment disputes have involved or touched upon different cultural forms and expressions: from UNESCO sites to cultural industries, to lieux de mémoire and indigenous communities’ heritage. Further, quite surprisingly, the international rules protecting foreign investors have sometimes been invoked, or resorted to, by subjects that had invested specifically in cultural ‘resources’ or to protect economic activities based on indigenous communities’ culture. The studies and researches carried out for this thesis have made it possible to reach and demonstrate a number of conclusions. First, the researches carried out have demonstrated that foreign investments are necessary to protect, safeguard, preserve and promote any form of cultural expression, and a strong interaction exists between the international regulation of foreign investments and cultural heritage. It has thus been shown that there exists a symbiotic relationship between international investment law and cultural heritage. Second, it has been possible to prove that, within international culture and cultural heritage law, there exists a ‘legitimate space’ for international investment law. Symmetrically, international investment arbitration can represent a valid cultural dispute settlement mechanism. Lastly, it is possible to assert that merging international rules on foreign investments and international rules on culture or cultural heritage can lead to create, or support the existence of, a more transparent, legitimate and rule-of-law-based system. In the light of all these considerations, the research, analysis and reflection carried out for the thesis has demonstrated how positive the relation between international investment law and cultural heritage can be fro states and the society. This, without denying any potentially negative effect. One might hope that the results obtained allow to adapt any practice in the field of culture. The protection of cultural heritage can indeed be strongly enhanced through the regulation of foreign investment
Leung, Yee-wing Yvonne, and 梁綺穎. "The Queen's Pier saga: unveiling the inconvenient truth of heritage conservation legislation in HongKong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B47092683.
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Chaplin, Robert Ian Chaplin, and ianchaplin@gmail com. "The Impact of Contemporary Tourism Development on Colonial Built Heritage: Case Study of the Portuguese Legacy in Macau, China." Flinders University. School of Cultural Tourism, 2007. http://catalogue.flinders.edu.au./local/adt/public/adt-SFU20080228.234110.
Full textMerrington, Peter James. "Heritage, letters, and public history : Dorothea Fairbridge and loyal unionist cultural initiatives in South Africa, circa 1890-1930'." Doctoral thesis, University of Cape Town, 2002. http://hdl.handle.net/11427/7706.
Full textThe study of the life and work of the 'nation building' author Dorothea Fairbridge is framed by the concept of the inventing of heritage for the Union of South Africa, circa 1910. The thesis begins with a historicizing of the concept of heritage, which is shown to have enjoyed a complex and wide range of social and cultural implications during the period roughly 1880 to 1930. This heritage paradigm or heritage discourse is reflected in the narrative dynamics of the contemporary novel, and samples including Fairbridge's fiction are discussed. The heritage paradigm is then applied in a survey of the Fairbridge family and its contribution to public culture. This paradigm is turned to the idea of the inventing of heritage for the Union, with a study of the rise of a 'Cape vernacular' architectural style and related topics, at the time of Union. The 'Van der Stel controversy' of 1909 plays a central role in Fairbridge's literary and historical work. The place of Van der Stel's farm, Vergelegen, as a cultural centre at the time of Union, is discussed, along with Fairbridge's classic studies of old Cape architecture and history. The exportation of the Cape vernacular building style as a national architectural idiom for South Africa at large is explored in a case study of the Tongaat-Hulett sugar estate in Kwazulu-Natal. The role of genteel anglophone Englishwomen in defining Cape identity at the time of Union is explored, and Fairbridge's Guild of Loyal Women is shown to have been the origins of the Commonwealth War Graves Commission. Questions of archivism, memory, history and memorialism are linked. The significance for literary production, of British immigration schemes, is discussed. The idea of national identity is then pursued in terms of the period genre of the 'new pageantry' where national and ethnic identity are performed. This is compared with mural painting in public buildings, and a case study is made of the 1908 Quebec Tercentenary pageant and the 1910 South African Union pageant. The study of Fairbridge and her milieu closes with a reconstruction of the cultural matrix with which the 'Cape-to-Cairo' idea was sustained for three decades, including an examination of the concept of the Cape as 'Mediterranean'. Thus, Fairbridge's contribution to South African public culture and identity is traced through her thirteen books and in the context of heritage, Africana, archives, colonial book production, architecture, gendered interests and activities, public performances, cultural geography and travel writing.
Sweeney, James Anthony. "Margins of appreciation, cultural relativity and the European Court of Human Rights." Thesis, University of Hull, 2003. http://hydra.hull.ac.uk/resources/hull:3557.
Full textComin, Jeremy Yves. "Heritage and public housing in Hong Kong : the case of Mei Ho house." HKBU Institutional Repository, 2019. https://repository.hkbu.edu.hk/etd_oa/624.
Full textHoepfner, Riley. "Public Charge: Race-Based Exclusion in US Immigration Law Against Latinx Im/Migrants." Ohio University Honors Tutorial College / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1619883296450031.
Full textGärtner, Tanya, and Magnus Obermann. "The Role of the 'Coordinating State' in the Protection of the Underwater Cultural Heritage: An analysis of the cooperative jurisdictional regime of the UNESCO Convention for the Protection of the Underwater Cultural Heritage (2001) including relevant state practice." Beiträge des UNESCO-Lehrstuhls für Internationale Beziehungen, 2020. https://tud.qucosa.de/id/qucosa%3A70871.
Full textCoward, Ann Art History & Theory UNSW. "Museums and Australia???s Greek textile heritage: the desirability and ability of State museums to be inclusive of diverse cultures through the reconciliation of public cultural policies with private and community concerns." Awarded by:University of New South Wales. Art History and Theory, 2006. http://handle.unsw.edu.au/1959.4/31957.
Full textWesley, Donald C. "Hazardous freedom| A cultural history of student freedom of speech in the public schools." Thesis, State University of New York at Buffalo, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=3726022.
Full textIn public schools, student expression commonly calls for the attention of school staff in one form or another. Educators have a practical interest in understanding the boundaries of student freedom of speech rights and are often directed to the four student speech cases decided to date by the Supreme Court (Tinker v Des Moines (1969), Bethel v Fraser (1986), Hazelwood v Kuhlmeier (1988), and Morse v Frederick (2007)). Sources about these cases abound, but most focus on legal reform issues such as the political arguments of opposing preferences for more student freedom or more school district control or the lack of clear guidance for handling violations
I propose an alternative approach to understanding the Supreme Court’s student speech jurisprudence focusing not on its correctness but on cultural influences which have worked and continue to work on the Court both from without and within. This approach may lead to a new understanding of Court decisions as legally binding on educators and an appreciation of the necessary rhetorical artistry of the Justices who write them. Not intended in any way as an apologetic of the Court’s decisions on student speech, this study is based particularly on the work of Strauber (1987), Kahn (1999) and Mautner (2011). It takes the form of a cultural history going back to the Fourteenth Amendment’s influence on individual rights from its ratification in 1868 to its application in Tinker in 1969 and beyond.
Seen as cultural process which begins with the Amendment’s initial almost complete ineffectiveness in restricting state abridgment of fundamental rights including speech to its eventual arrival, fully empowered, at the schoolhouse gate, this study attempts to make student speech rights more accessible to educators and others. The tensions between the popular culture which espouses the will of the people and the internal legal culture of the Court itself and its most outspoken and articulate Justices resolve into decisions which become the law of the land, at least for the moment. The study also offers implications for administrators together with suggestions on how to stay current with free speech case law applicable to the schools.
Paiva, Marcelo Cardoso de. "Fabricando o patrimônio municipal. As ações de preservação do COMPAHC de São Bernardo do Campo." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/16/16133/tde-17102014-113029/.
Full textThis dissertation aims to investigate and undersand the municipal conservation policies and the social proccess they are related to through the case study of the Municipal Council for the Conservation of Cultural and Historical Heritage of São Bernardo do Campo (COMPAHC-SBC). Choosing a municipal council for preservation as a research subject is justified by three reasons. The first onde derives from the tendency to municipalization of public policies for conservation in Brazil, evident since the 1980\'s. The second reason is supported by the considerable established experience presented by many municipal councils since then, and ultimately the fact that such experiences still has not get enough questioning from academic researches. Therefore, the specific goals of this research consist on investigate the specificities of São Bernardo do Campo\'s experience within municipal conservation, much in what concerns the notion of cultural heritage developed by the Council, the role played by the agents responsible for the agency\'s choices and the particularities of its instruments and institucional processes focused on the probate of COMPAHC-SBC\'s actions.
Shay, Susan Carol Rothenberg. "The right to control the land : law, heritage and self-determination by native Hawaiians." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/286153.
Full textCouderc, Irène. "Le domaine public mobilier." Thesis, Poitiers, 2015. http://www.theses.fr/2015POIT3003.
Full textFrench public entities (the State, local entities) can be owners of real property or movables. When these movables have a cultural value, they can be a matter of what the French law calls ‟domaine public mobilier”. These properties are subjected to legal rules which grant them a particular protection: they are inalienable; they are subjected to special rules regarding their preservation, their safety and their security. And these properties are subjected to particular legal rules allowing people to discover them in public museums, in public exhibitions, etc. How does the law identify these properties? Is the inalienability of these properties as “authoritarian” as the law wants it? These questions are in the heart of the present work
Cali, Placido. "Políticas municipais de gestão do patrimônio arqueológico." Universidade de São Paulo, 2005. http://www.teses.usp.br/teses/disponiveis/71/71131/tde-27102006-151913/.
Full textFor this Thesis, based on case studies, the municipal policies for the archeological heritage management are investigated considering actions, legislation and structure of dozens of cities, in different States. The role of the archeological heritage is also investigated, in local cultural policies, and the protection of archeological sites is compared to the protection of other properties. On a legal point of view, the role of federal entities, protecting the archeological and cultural heritage, is studied, specially the role of municipalities, considering what the Federal Constitution establishes and the jurisprudence of different lawsuits adjudicated in the various levels of the Judiciary. This Thesis proposes some solutions for the municipalities aiming the development of cultural and archeological heritage management policies and provides reference material never before systematized
Imon, Sharif Shams. "Sustainable urban conservation: the role of public participation in the conservation of urban heritage in oldDhaka." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2006. http://hub.hku.hk/bib/B36224091.
Full textCHAN, Wai Yin. "Beyond public health : the cultural politics of tobacco control in Hong Kong." Digital Commons @ Lingnan University, 2009. https://commons.ln.edu.hk/cs_etd/4.
Full textMbazira, Christopher. "Enforcing the economic, social and cultural rights in the South African Constitution as justicable individual rights: the role of judicial remedies." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7448_1254751404.
Full textJudicial remedies are, amongst others, a vehicle through which respect, protection, promotion and fulfilment of human rights can be delivered to those who need them. A remedy is the perspective from which litigants judge either the success or failure of judicial decisions. Judicial remedies make the rights whole, they complete the justiciability of human rights because without them human rights remain statements of legal rhetoric. The nature of the remedies that the courts grant is not only based on the normative nature of the rights they seek to enforce. They are also influenced by factors such as the goals and objectives of judicial remedies as defined, amongst others, by the ethos of either corrective or distributive forms of justice. This thesis explored these factors and their impact on judicial remedies. Stress is put on the impact of the separation of powers doctrine, institutional competence concerns and on the forms of justice pursued by courts. The study is based on the judicial enforcement of the socio-economic rights protected in the South African 1996 Constitution. The research undertaken here was intended to guide scholars, legal practitioners and judicial officers who confront socio-economic rights issues as part of their daily work.
Mangili, Liziane Peres. "Anseios, dissonâncias, enfrentamentos: o lugar e a trajetória da preservação em Lençóis (Bahia)." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/16/16133/tde-09092015-140454/.
Full textThis research analyzes the conflict of values and meanings in the recognition of cultural heritage preservation practices in Lençóis, Bahia. This was the first urban center pre- served at the request of its own inhabitants by Brazil\'s National Historic and Artistic Heritage Institute. This research examines the local community\'s conflicting intentions and the various steps taken by authorities since the beginning of the preservation process in 1971. Since then, residents have continued to content with a series of government interventions including those of the Historic Cities Program, the creation of the Chapada Diamantina National Park by the Brazilian Forest Development Institute, the Tourism Development Program of Bahia and the Northeast, and the Monuments Program. Through interviews and documentary research, it is evident that there are many disagreements between local citizens and experts about the mea- nings of preservation, as well as internal differences among heritage organizations and conser- vation programs. In determining certain goods and values which necessarily disregard others, and taken together with cyclical factors, cultural heritage has been reinterpreted in Lençóis. These, in addition to the lack of participation in decisions about what to preserve and how to do it, caused clashes that have revealed forms of cultural resistance. This research concludes that understanding all the nuances of local culture and needs is critical to the effective mana- gement and characterization of heritage sites, and that this process should be more inclusive and participatory in the life of a city.
Erguc, Ozdemir Gizem. "The Role Of Institutions In Promoting Public Interest Within The Context Of Cultural And Natural Heritage Conservation: The Case Of Gokova." Thesis, METU, 2009. http://etd.lib.metu.edu.tr/upload/3/12611217/index.pdf.
Full textkova case provides a good basis for the investigation of the ways in which public institutions conduct their activities in the quest to promote public interest.
Koenig, Eric. "Baiting Sustainability: Collaborative Coastal Management, Heritage Tourism, and Alternative Fisheries in Placencia, Belize." Scholar Commons, 2016. http://scholarcommons.usf.edu/etd/6526.
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