8,724 results on '"Restitution"'
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152. Uncertain Saints
- Author
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Goff, Alice, author
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- 2024
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153. Stepping onto the Pedestal
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Goff, Alice, author
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- 2024
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154. Choice of law rules in Australia for resulting and constructive trusts
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Liew, Ying Khai
- Published
- 2022
155. Politics of Justice: Transitional Justice
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Koleva, Daniela, Hoskins, Andrew, Series Editor, Sutton, John, Series Editor, and Koleva, Daniela
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- 2022
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156. Cultural Patrimony and Discussion of the 1897 Invasion of Benin Kingdom: Some Questions for Arts Management
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Ezeluomba, Ndubuisi C. and Cuyler, Antonio C., editor
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- 2022
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157. The Struggle Continues: Namibia’s Enduring Land Question
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Melber, Henning, Seck, Diery, Series Editor, Elu, Juliet U., Series Editor, Nyarko, Yaw, Series Editor, Mazwi, Freedom, editor, Mudimu, George Tonderai, editor, and Helliker, Kirk, editor
- Published
- 2022
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158. Indigenous Psychology and the Next Pandemic
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Blume, Arthur W., Marsella, Anthony J., Series Editor, and Blume, Arthur W.
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- 2022
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159. Balancing Individual Dignity and Communal Indignation in African Religious Ethics of Forgiveness
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Ilesanmi, Simeon O., Lotter, Maria-Sibylla, editor, and Fischer, Saskia, editor
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- 2022
- Full Text
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160. Asylum’s Reparative Function
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Souter, James, Browning, Gary, Series Editor, and Souter, James
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- 2022
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161. Restitution and Archaeological Collections in Africa
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Houénoudé, Didier, Coralli, Monica, and N'Dah, Didier
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- 2022
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162. Plateforme pour les études africaines sur l’Europe. Restitution et réflexion sur les résultats de l’atelier de Leuven
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Sylvain SHOMBA KINYAMBA and Ingrid MULAMBA FEZA
- Subjects
plateforme ,études africaines ,europe ,restitution ,réflexion ,résultats de l’atelier de leuven ,Sociology (General) ,HM401-1281 - Abstract
Quelle est la mission des études africaines sur l’Europe, qui en sont les concepteurs, l’université congolaise peut-elle être à la hauteur, si oui, est-elle prête à y participer pleinement et sans délai …, le présent article donne des réponses éclairantes et édifiantes à ces propos interrogatifs.
- Published
- 2022
163. Implementation of Legal Protection for Child Victims of the Crime of Sexual Intercourse in terms of the Fulfillment of the Right to Restitution
- Author
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Avelia Rahmah Y Mantali
- Subjects
child protection ,legal protection ,restitution ,sexual intercouse ,juvenile justice system ,Law - Abstract
The fulfillment of the right of restitution against child victims of criminal acts is regulated in Article 71 letter d of Law Number 35 of 2014 concerning Child Protection. In order to make it easier for victims to get compensation without having to go through the usual civil lawsuit process, the state provides a way through merging cases of compensation claims to criminal cases regulated in Articles 98-101 of the Criminal Procedure Code. In fact, the fulfillment of the right of restitution as stated in the provisions has never been implemented. This study aims to analyze the implementation of legal protection for child victims of the crime of sexual intercourse in terms of the fulfillment of the right of restitution and find the formulation of the concept of legal protection which is expected to be able to provide legal protection through the fulfillment of the right of restitution in the future. This study uses a normative juridical research method, with a law approach and a case approach. The results of this study are: 1) Legal protection in the form of fulfilling victims' restitution rights, especially in the Gorontalo District Court in practice has not been implemented properly. This is because victims do not know their rights in Article 98 of the Criminal Procedure Code, and the lack of regulation and authority of law enforcement officers in determining the amount of immaterial losses. 2) In order to realize the optimal fulfillment of victims' restitution rights, the provisions regarding restitution in the Witness and Victim Protection Law should be stated in the Criminal Procedure Code so that there is a harmony of arrangements regarding the submission procedure and other provisions regarding restitution. The Draft Criminal Procedure Code must also contain coercive power for the defendant to pay compensation to the victim.
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- 2022
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164. THE ACTIVITIES OF THE POLISH-RUSSIAN-UKRAINIAN MIXED REEVACUATION AND SPECIAL COMMISSION ON THE TERRITORY OF BELARUS 1921-1929
- Author
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Borovskaya O.N.
- Subjects
re-evacuation ,mixed commission ,archival heritage ,restitution ,Archaeology ,CC1-960 ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 ,Social Sciences - Abstract
The article considers the work of the Mixed Polish-Russian-Ukrainian re-evacuation and special commission in 1921-1929, its Belarusian problems, draws attention to the direct connection of its activities with the general state of Soviet-Polish relations. The study was carried out using the principles of historicism and objectivity, special historical methods, based on a wide source base. Most of the used historical sources were first introduced into scientific circulation. During numerous meetings of the commission, re-evacuation claims were voiced, and the necessary documentary evidence was presented. Partially, the requirements of the parties for the return of this or that property were satisfied, or compensated for by appropriate equivalents. On the territory of Belarus, the Mixed Re-evacuation and Special Commission was represented as part of its parts: the subcommittee on industry, property of individuals, the library and archive subcommittee, the functioning of the Committee on the Re-evacuation of Foreign Enterprises under the Supreme Economic Council of the RSFSR. The process of re-evacuation of property in accordance with the articles Riga Peace Treaty provoked the desire of the Belarusian Soviet leadership to return industrial enterprises and archival funds evacuated at the beginning of the First Word War and located at that time on the territory of other Soviet republics.
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- 2022
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165. Reasons for unjust enrichment
- Author
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Shah, Rajiv Eric and Virgo, Graham
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346.02 ,Unjust Enrichment ,Peter Birks ,Restitution ,Benefit-Burden ,Property ,History - Abstract
Birks' unjust enrichment formula was intended to provide a common descriptive structure to all the instances where there was recovery. He did not, however, engage in an analysis of the various reasons why courts awarded restitution. My thesis seeks to fill this gap. I argue that without such an account Birks work is incomplete. According to Birks, for example, money and services both amounted to enrichments and so should be considered together. But there are some differences and similarities between money and services. In order to be able to group them together Birks needs to be able to say that the reasons for giving recovery in money and service cases are similar enough that they can be grouped together. The same goes for all the unjust factors. The point is, the generalisation that Birks sought to do, can only properly be done if one is attuned to the reasons why recovery is granted in each of those cases. If the reasons are similar then the generalisation makes sense. But if they are not then it does not make sense to so generalise. The argument of the thesis is that there three relevant principles to justifying unjust enrichment: the Property Principle, the Benefit-Burden Principle and the Autonomy Principle. The Property Principle states that one should not have property belonging to another. The Benefit-Burden Principle states that if one takes a benefit then one must bear the associated burdens; to put it more colloquially: you have to take the rough with the smooth. These first two principles provide reasons for considering a situation to be defective and the last principle provides a constraint for the operation of the first two. It is there to ensure that the imposition of liability will not unduly affect the autonomy of the defendant. Based on that the thesis proposes that the scope of the unjust enrichment formula be trimmed down to only cover defective transfers of money and other assets. For the other cases, a different analytical structure is needed. This is because the reasons for recovery in those cases are different.
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- 2019
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166. La obligación de alimentos pre natales y la incidencia en los derechos del presunto progenitor.
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Marín Cali, Eliana Michelle, Ramon Galarza, Lisseth María, and Gallegos Avendaño, Mónica Cecibel
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COMPARATIVE law ,PERSONAL names ,CIVIL code ,PATERNITY ,COMPETENT authority ,FATHERHOOD ,FATHERS - Abstract
Copyright of Pacha: Revista de Estudios Contemporáneos del Sur Global is the property of PACHA REVISTA DE ESTUDIOS CONTEMPORANEOS DEL SUR GLOBAL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2023
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167. Marcas de sangre y tinta: sustancias constructoras de parentesco y sentidos de familia en un caso de restitución de identidad.
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María Massa, Jimena
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KINSHIP ,ETHNOLOGY ,GENEALOGY ,DICTATORSHIP ,GRANDDAUGHTERS ,INFANTS ,GRANDCHILDREN - Abstract
Copyright of Revista del Museo de Antropología is the property of Museo de Antropologia - IDACOR and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2023
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168. „aus einem Trümmerhaufen des ausgebombten Hauses Wien III" - one century provenance context of the geological-paleontological collections in the Natural History Museum Vienna (1919 to 2019).
- Author
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HARZHAUSER, Mathias, GÖHLICH, Ursula B., KROH, Andreas, LUKENEDER, Alexander, MANDIC, Oleg, NICHTERL, Thomas, WEINMANN, Anna E., and KRENN, Martin
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- *
NATURAL history museums , *WORLD War II , *TWENTIETH century , *REPATRIATION of cultural property , *TWENTY-first century - Abstract
We present an exhaustive survey of the geological-paleontological collection of the Natural History Museum Vienna (Austria) based on 353,704 objects acquired from 1919 to 2019. The data encompass information on geographic origin, provenance, stakeholders and mode of acquisition. Special focus is laid on the interwar period from 1919 to 1938, the Nazi regime and World War II until 1945, and on the recovery during the postwar phase until the fall of the Iron Curtain in 1989. The illegitimate acquisitions during the Nazi regime are documented, referring to the published documents of the Art Restitution Advisory Board. For the first time, all objects sent to the department by soldiers during World War II are reported. A strong increase in acquisitions from Austria took place during the 20th century, whilst international relations appear curbed. A boom phase during the 21st century is related to changing science policy and integration of citizen scientists. [ABSTRACT FROM AUTHOR]
- Published
- 2023
169. Philippine anger and American conciliation: discourse and emotional diplomacy in the 2018 restitution of the Balangiga Bells.
- Author
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Enverga III, Manuel R. and Abalos, Kurt Benjamin M.
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DIPLOMACY , *DISCOURSE , *INTERNATIONAL mediation - Abstract
This paper is a case study on the restitution of the Balangiga Bells by the United States to the Philippines, which has been a decades-long contested issue in the two countries' relations. This research applies the concepts of restitution, emotional diplomacy and discourse. This paper presents an exceptional instance in which the return of war trophies was achieved through bilateral arrangements rather than multilateral action. The approach examined how Philippine anger and American conciliation were presented as the two countries worked towards the Bells' restitution. This paper examined public statements made by officials expressing their governments' official positions. The researchers viewed their remarks as forms of discursive articulation, and analyzed them following Wodak's Discourse Historical Approach. The paper's focus moved beyond the surface level meanings of government officials' statements, but also considered how the articulations were shaped by the context in which they were produced. [ABSTRACT FROM AUTHOR]
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- 2023
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170. Mardin Eski Köşk Sineması Restitüsyon Önerisi.
- Author
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KARATAŞ, Lale, ALPTEKİN, Aydın, and YAKAR, Murat
- Abstract
Historical buildings act as an exhibition that reflects the tangible and intangible cultural elements of the past by bringing the memories, lifestyles, socio-cultural levels, civilizations of the people who lived in the past in the society to the present. The Old Mansion Cinema Building, which is considered an iconic symbol of the city in Mardin, has faced problems such as deterioration of building materials and destruction of some parts of the building in recent years. In this context, in this study, it is aimed to present a restitution proposal for the original state of the building by examining the traces of the functional, spatial and structural transformation of the Mardin Old Mansion Cinema, which is a traditional masonry building. In this context, using archival documents, old photographs, historical and current literature, the original function and architectural features of the building and the changes it underwent in the process were investigated. The findings obtained are the floor plans of the building and the restitution proposals for its facades. With the study, information about the original state of the building was presented. And thus, in future conservation interventions, interventions against the spirit of the building will be prevented and the collective memory of the building will be revived. [ABSTRACT FROM AUTHOR]
- Published
- 2023
171. Foreign Currency Loans and the Foundations of European Contract Law – A Case for Financial and Contractual Crisis?
- Author
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Grundmann, Stefan and Badenhoop, Nikolai
- Subjects
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FINANCIAL crises , *CONTRACTS , *FOREIGN loans , *NATIONAL currencies , *EMINENT domain ,EUROPEAN law - Abstract
Loans with variable interest rates indexed to foreign currencies carry a double risk for borrowers: a rise of interest rates and an adverse development in the exchange rate. While they therefore could have been forbidden for consumer credit, they are allowed both at EU and (most) national levels. Consumer credit arrangements indexed to foreign currencies that were legal in principle have raised enormous problems when they occurred in large numbers in Eastern and Central European countries and reference was not directly written into the terms (like in Romania), but could change with additional discretionary decisions (such as in Poland and Croatia). While Croatia has introduced special legislation to cure the overall problem, Polish cases are potentially not only causing a systemic risk for the whole banking system, but abundantly are the subject of CJEU case law. This triggers the core interest in contract law, namely an unheard-of relevance in EU law of general and more specific questions of the law of restitution – on the basis of unjust enrichment and/or of damages. This article presents the following five main theses. Firstly, while the Unfair Contract Terms Directive (UCTD) contains too vague a scheme of remedies/sanctions for detailed answers, the overarching benchmark is clear, namely a fair balance of interests and the meeting of justified expectations, which the parties, especially on the consumer side, could have had at the moment when the loan was issued. Secondly, general (EU) principles of unjust enrichment, as well as of damages, are recognised by the CJEU in EU law. They order the restitution of what was gained above the status quo ante, but could not have been acquired on markets even by informed and proper contracting at that time and/or the restitution of losses incurred as compared to the status quo ante. Thirdly, Articles 23 and 24 of the Mortgage Credit Directive (MCD) constitute a suitable model around which a set of claims in unjust enrichment can be shaped and can be applied also to old cases. Fourthly, any windfall profit of borrowers (gain beyond what could have been achieved at the moment of formation of the contract) has to be avoided in the name of fairness and justified expectations – which are recognised in CJEU case law as the two main benchmarks of the regime of sanctions of the UCTD. Finally, a fair restitution regime is reached if the borrower, who had not been properly informed (with the nullified clause), can now make an informed choice between the different offers that were offered on markets when the loan was issued. Thus, he/she could now opt for a loan in either the national currency plus applicable interbank interest rate (in the Polish case Zloty tied to WIBOR) or their foreign currency counterparts (i.e. a loan in CHF tied to LIBOR). Expropriation (of banks) of the loan capital, as well as the possibility to use that capital to generate interest have to be avoided, for penalisation is neither an aim of European contract law nor of the UCTD. [ABSTRACT FROM AUTHOR]
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- 2023
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172. Problematica restituirilor în materia contractelor civile sau despre cum retroactivează rezilierea.
- Author
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DAVID, MIHAI
- Subjects
LEGAL liability ,PRICES - Abstract
Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
173. Leśne Arboretum w Wirtach. Historia i zadania.
- Author
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Nawrocka-Grześkowiak, Urszula and Przewłocki, Andrzej
- Abstract
Copyright of Kosmos is the property of Polish Copernicus Society of Naturalists and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2023
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174. Climate Justice and the Duty of Restitution.
- Author
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Truccone-Borgogno, Santiago
- Abstract
Much of the climate justice discussion revolves around how the remaining carbon budget should be globally allocated. Some authors defend the unjust enrichment interpretation of the beneficiary pays principle (BPP). According to this principle, those states unjustly enriched from historical emissions should pay. I argue that if the BPP is to be constructed along the lines of the unjust enrichment doctrine, countervailing reasons that might be able to block the existence of a duty of restitution should be assessed. One might think that the duty to provide restitution no longer has moral weight if many benefits were already consumed, if the particular benefits obtained from historical emissions cannot be transferred from one country to another, or if present members of developed countries framed their life plans based upon the expectation of continued possession of those benefits. I show that none of these reasons negate the duty to provide restitution. [ABSTRACT FROM AUTHOR]
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- 2023
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175. INGENIOUS RAINWATER HARVESTING SYSTEM WITHIN THE ALGIERS OTTOMAN RESIDENTIAL BUILDINGS (RECONSTITUTION AND PERFORMANCE ASSESSMENT).
- Author
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SAHRAOUI, Meriem, CHERGUI, Samia, BELMEZITI, Ali, and ZEGAIT, Rachid
- Subjects
WATER harvesting ,DWELLINGS ,RAINFALL ,THREE-dimensional modeling ,EIGHTEENTH century ,HOME energy use - Abstract
This article deals more particularly with the architectural reconstitution and the hydraulic checking of the rainwater harvesting system (RWH-system) installation in some residential buildings in Ottoman Algiers (16th to 18th centuries), where this water was intended for various domestic uses. This work was applied to two cases (Khdawedj-El'Amia and Hassan-Pasha palaces). An architectural reconstitution by three-dimensional modeling was made based on investigations and bibliographic research on the system. In contrast, hydraulic verification was made according to the current European sizing standards based on rainfall records for over 100 years. The results indicate that these buildings are equipped with an innovative and efficient hydraulic system based on relativity between rain, roof, and stored volume (djeb), according to current standards; this system has the potential to meet the needs of the populations and ensure their water autonomy, particularly in times of water scarcity. And consequently, rainwater management in a secure way. On the other hand, the results assess the possibility of returning the RWH system to function today. It provides helpful information to develop an action plan and intervention strategies for restoring the (RWHsystem) in the heritage residential buildings for improving sustainability and maintaining the built heritage values of the historic Ottoman Algiers. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
176. Viel Lärm um nichts oder doch wenig?
- Author
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Huber, Christian
- Abstract
Copyright of Juristische Blätter is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
177. The Restoration Proposal for Göksel Bey Dwelling in Catalca, Istanbul.
- Author
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Aksoy, Ercan
- Subjects
- *
POPULATION transfers , *DWELLINGS , *DEMOGRAPHIC change , *HOUSING - Abstract
Conservation is very important in order to transfer the historical, cultural and social characteristics of the society to future generations. According to studies, protection is also necessary in terms of sustainability. Although there are cultural assets with important features in Catalca District, Turkey, the district has three different sites and rich traditional housing stock. Houses that have been deteriorating due to natural and human-caused reasons until today have also undergone changes due to changing population movements, especially as a result of population exchange. Göksel Bey Dwelling, located on the island no 237 parcel no 7, has also partially preserved its original form but has begun to lose its quality due to various interventions. It is important to conserve and maintain the structure and it is aimed to return the housing to its original state. For this reason, the housing was documented to identify the deterioration and problems that occurred. The documentation of the structure was carried out using the optical method "total station" and the classical building survey method. In accordance with the on-site survey and comparative examples, a restitution proposal was made for its original state. In accordance with the scientific grounds, intervention decisions were made to conserve, and a restoration project was prepared for the housing to be used its original residential function. The study creates resources for the conservation and survival of other houses located in the district. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
178. Benjamin Ferencz and the Treatment of Victims in International Criminal Law: Mapping Out Lex Lata and Lex Ferenda (Ferencza?) in an Emerging Field.
- Author
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Gordon, Gregory S.
- Subjects
- *
INTERNATIONAL criminal law , *INTERNATIONAL criminal courts , *CRIMES against humanity , *RETRIBUTION , *LEGAL history , *HOLOCAUST survivors - Abstract
This piece examines a hitherto underexplored legal history chapter in international criminal law pioneer Benjamin Ferencz's career, and, based on that, offers fixes for problems in current atrocity victim law. Known primarily for his Nuremberg prosecutorial exploits, Ferencz actually spent most of his career innovatively seeking reparations for Holocaust survivors and then later, with the benefit of such experience, sought to ensure coverage of victims in the International Criminal Court's Rome Statute. After examining this history, the article maps Ferencz's trailblazing practices onto the atrocity victim lex lata. It then considers that law's deficits, including front-end and back-end problems (i.e., at the investigation and early release application phases), International Criminal Court retributive versus reparative mission dissonance, inadequate funding, hindrances to proactive victim participation and victim exclusion in prosecuting aggression. For each problem, Ferencz's history offers viable solutions, such as victim-oriented investigations, bifurcated retribution/restitution processes, bilateral treaty funding, transnational victim networking, and charging illegal use of force as crimes against humanity. As a result, perhaps such proposed modifications of the framework should not be called lex ferenda , but rather ' lex ferencza.' [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
179. Reconstitution osseuse ad integrum dans la maladie des "os fantômes".
- Author
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Pickering, Marie-Eva, Gensburger, Déborah, Chapurlat, Roland, Rieu, Virginie, Chevenet, Carole, Tournadre, Anne, Perrey, Antoine, and Ltaief-Boudrigua, Aicha
- Abstract
Gorham-Stout disease is a rare mono or polyostotic disease of unknown etiology, characterized by intraosseous angiomatous proliferation leading to bone resorption. We report the case of a 17-year-old woman presenting with symptomatic osteolytic lesions of the frontal vault. Imaging was suggestive of Gorham-Stout disease without argument for other diagnoses. An unusual evolution of the "vanishing bone" lesions was observed on the scan after one year, with an ad integrum restitution of the lytic lesions. This report shows that spontaneous restitution of bone matrix may occur in Gorham-Stout disease. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
180. Stories of restitution: Family experiences of diagnosis and help-seeking for a child with cerebral palsy.
- Author
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Asante, Emmanuel, Lymn, Joanne S., and Diver, Claire
- Abstract
The experience of living with children with CP is dominated by the voice of the mother while others are rarely reported. Incorporation of the voices of other family members is important for a holistic understanding. Drawing on the philosophical perspectives of pragmatism, generic qualitative methodology, and Frank's narratives, this article highlights how restitution was constructed by 30 family members. They constructed restitution by hoping for a cure through either biomedical and/or alternative models of treatment, followed by intransitive and transcendent restitution. This appears to be the first time that restitution has been extended to families living with children with chronic illnesses. This would mean that paediatric nursing professionals and other health professionals dealing with family members living with children with CP could attend to their stories in an open and focused manner to honour and validate their stories as well as their experiences. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
181. Cum ira et studio? Hohenzollerndebatte – eine Stil- und Argumentationskritik.
- Author
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Steinbach, Peter
- Subjects
HISTORIOGRAPHY ,AUTHORSHIP ,JURISPRUDENCE ,JUSTICE administration ,MONARCHY - Abstract
Copyright of Neue Politische Literatur is the property of Springer Nature and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
182. Objects Confiscated During the Nazi Era in Exhibitions of Austrian Federal Museums.
- Author
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Berger, Andrea
- Subjects
HISTORICAL museums ,MUSEUMS ,EXHIBITIONS ,SEMIOTICS ,ART thefts ,NAZIS ,PILLAGE - Abstract
Even though the restitution of Nazi-looted property from Austrian federal museums is clearly regulated by law, dealing with objects that are still or have been returned to the collections, or with gaps in exhibitions that have resulted from restitutions, poses challenges for museum work. Through a semiotic analysis of museum media (exhibitions, audio guides, information boards as well as museum shops) in Austrian federal museums in 2020 and 2021, this article investigates whether and how the topics of Nazi-looted property, provenance research, and restitution are represented. The research revealed that these topics, which are inevitably linked to violence, are often completely ignored or only presented in exhibition sections on the histories of the museums, as if the problem belonged to the past. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
183. Terracotta Group of Orpheus and the Sirens is Finally Going Home
- Subjects
J. Paul Getty Museum ,antiquities trafficking ,Orpheus and the Sirens ,terracotta sculpture ,restitution ,Manhattan District Attorney’s Office ,History (General) and history of Europe - Abstract
The near life-size sculptural group of Orpheus and the Sirens in the J. Paul Getty Museum is being returned to Italy.
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- 2023
- Full Text
- View/download PDF
184. RESTITUSI TINDAK PIDANA PEMBUNUHAN DI WILAYAH KEJAKSAAN NEGERI BUNGO
- Author
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Adhi Wibowo
- Subjects
restitution ,murder ,witness ,victim ,Social Sciences ,Science - Abstract
Victims, families or heirs can apply for compensation, which is called restitution. The victim, family or heirs first submit a request for restitution to the Witness and Victim Protection Agency, then the Witness and Victim Protection Agency issues a decision letter for restitution to the Police, the Public Prosecutor and the Panel of Judges. The type of research used is the empirical method. Restitution in the Public Prosecutor's Charges Against Victims of the Crime of Murder in the Legal Area of the Bungo State Prosecutor's Office in Case Number 249/Pid. B/ PN Mrb, the Public Prosecutor received a decision letter for restitution from the Witness and Victim Protection Agency. Then the Public Prosecutor combined the decision letter for restitution into the lawsuit, with the nominal loss suffered by the victim, namely Rp. 145,000,000 (one hundred and forty-five million rupiah). The Public Prosecutor incorporates restitution into the demand letter by considering certainty, benefit and fairness.
- Published
- 2023
- Full Text
- View/download PDF
185. RESTITUTION AS A CRIMINAL SANCTION IN THE PERSPECTIVE OF RESTORATIVE JUSTICE
- Author
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Rindy W., Setiawan N., and Prija D.
- Subjects
restitution ,restorative justice ,diversion ,barriers ,Agriculture (General) ,S1-972 - Abstract
The development of thinking in the context of criminal law today has reached the highest discourse process, namely about how to view justice. In its development, restorative justice has ideas that tend to embrace all parties. Restitution is a small part of the diversion stage that strongly correlates with applying restorative justice. This paper aims to analyze and seek the purity of restorative justice in the criminal law system through a basic understanding. This research is normative juridical research using a statutory and conceptual approach. The legal material analysis technique used is content analysis. The analysis is any systematic procedure encouraged to examine the content of the information obtained. The results of the research and discussion of the problems that became the focus of the research obtained the following things: First, the concept of restitution in today's development has been interpreted as a small part of the diverse stage and has a strong correlation with the justice model of restorative. Second, the RKUHP has adopted additional criminal restitution, but there are still legal problems; starting from the substance, there are still obstacles in the structural, substance, and cultural components.
- Published
- 2022
186. La restitution du patrimoine culturel africain par les puissances coloniales et l’interpellation du droit international
- Author
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Pierre-Pépin KWAMPUKU LATUR
- Subjects
restitution ,patrimoine culturel ,puissances coloniales ,Sociology (General) ,HM401-1281 - Abstract
Résumé Le continent africain a fait l’objet du pillage de ses ressources et de ses hommes depuis des siècles. Jusque-là, le droit international ne s’occupait nullement des revendications des victimes concernant la réparation des préjudices causés à ce contiennent du fait de l’esclavagisme et de la colonisation. La dynamique de restitution des objets d’art africains par certains pays, anciens colonisateurs, consacre le revirement du droit international et la reconnaissance tacite des maux causés à l’Afrique. Nous estimons qu’il y a lieu d’inscrire ce processus de réparation et d’indemnisation dans le cadre des Nations Unies pour traiter de toutes les questions de la colonisation et de ses conséquences. Abstract The African continent has been the subject of the looting of its resources and men for centuries. Until then, international law did not care about the demands of victims concerning the compensation of damages caused at this continent because of slavery and colonization. The dynamics of restitution of African objects of art by some countries, former colonizers, devotes the turnover of international law and the tacit recognition of evil caused by Africa. We believe that this process of reparation and compensation should be included in the UNITED Nations to address all the issues of colonization and its consequences.
- Published
- 2022
187. Eine Reise nach Brasilien und retour. Provenienzforschung und eine Restitution aus Brasilien
- Author
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Markus Stumpf
- Subjects
Universitätsbibliothek Wien ,Brasilien ,Itaú Cultural ,Restitution ,Bücherdiebstahl ,Bibliophilie ,Bibliography. Library science. Information resources - Abstract
Der Beitrag berichtet über die Rückgabe des dreibändigen Werkes Eine Reise nach Brasilien aus der Sammlung der Itaú Cultural in São Paulo, Brasilien, an die Universitätsbibliothek Wien. Der Provenienz- und Kriminalfall lenkt den Blick auf die hauseigenen Quellen, den Kunst- und Kulturgüterraub sowie die brasilianische Provenienzforschung und zeigt auf, dass Provenienzforschung nicht nur auf die NS-Zeit und deren Folgen reduziert werden kann, sondern weltumfassend und zeitlich unbegrenzt gedacht werden muss. Nach mehr als zwei Jahren wurde das Werk aus Brasilien im Frühjahr 2022 an die UB Wien zurückgegeben und damit konnte begonnen werden die Hintergründe des spannenden und facettenreichen Provenienzfalls zu recherchieren.
- Published
- 2023
- Full Text
- View/download PDF
188. The Scope and Structure of Unjust Enrichment
- Author
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Duncan Sheehan and Duncan Sheehan
- Subjects
- Mistake (Law), Restitution, Unjust enrichment, Duress (Law)
- Abstract
This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as “necessity” should be excluded from the subject area. The book concludes with a treatment of defences.
- Published
- 2024
189. Indigenous Cultural Property and International Law : Restitution, Rights and Wrongs
- Author
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Shea Elizabeth Esterling and Shea Elizabeth Esterling
- Subjects
- Cultural property--Protection (International law), Indigenous peoples--Legal status, laws, etc, Reparations for historical injustices, Restitution
- Abstract
Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups.In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context, along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, however, it also demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited.With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.
- Published
- 2024
190. Restitution as a Requirement for the Implementation of Restorative Justice Against General Crimes Related to Property.
- Author
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Muwardi, Ardito, Surono, Agus, and Nugroho, Hibnu
- Subjects
RESTORATIVE justice ,OFFENSES against property ,LAW reform ,CRIMINAL procedure ,CRIMINAL reparations ,CRIME - Abstract
Restitution is a monetary remedy paid by a perpetrator or a third party to a victim or their family. It can be implemented by returning property, payment for losses or suffering, or reimbursement of costs. However, restitution is not applicable to all types of crimes; thus, not all victims have access to it. The issue of legal protection for victims is still an ongoing discourse, and many parties believe that its implementation is still far from perfect and in need of legal reform due to the inability of the perpetrators to pay restitution to the victims. This study uses qualitative methods by examining secondary data such as documents, laws and regulations, scientific findings, and books. This study finds that the application of restorative justice in criminal cases, especially property crimes provides certain flexibility for the community to search for a settlement. The perpetrator paying for restitution is an absolute requirement for restorative justice in settlement of property-related crime as an alternative to the conventional court proceeding. Moreover, the perpetrators, victims, and the community can all be involved in a discussion process to reach a consensus regarding a solution to a conflict avoiding harming any parties, for instance, a settlement without punishment. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
191. Restitution as a Form of Legal Protection for Child Victims of Sexual Violence with Perpetrators of a Biological Father Based on the Principles of Justice.
- Author
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Wardhani, Devita Wisnu and Mulyanto
- Subjects
- *
SEXUAL abuse victims , *BIRTHFATHERS , *CHILD victims , *CRIMINAL reparations , *QUALITATIVE research - Abstract
Criminal cases in Indonesia cannot be seen from one side only, namely the fate of the perpetrators themselves. However, there are several things that need to be considered when it comes to victims of crime, this is because the victim suffers material and non-material losses and this is also legal protection for the victim. One of the rights regulated by law is the right to protection against sexual violence. In this research the problem isCan restitution be used as a form of legal protection for child victims of sexual violence by biological fathers based on the principle of justice? Then the method usedis a qualitative research, namely a research method that emphasizes the aspect of in-depth understanding of a problem rather than examining the problem in general, which uses in-depth analysis techniques, namely examining problems case by case in this case cases that occurred in the District Court Salatiga. The result is that restitution can be used as a form of legal protection for child victims of sexual violence, including if the perpetrator is the victim's own father. However, it is still necessary to receive criticism and input that there is no specific law that regulates this right to restitution, including if the perpetrator is the biological father of the victim, so this creates various kinds of problems and ambiguity at the implementation level. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
192. American Museums and Colonial-Era Provenance: A Proposal.
- Author
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Reed, Victoria S.
- Abstract
As European nations address their legacy of colonialism, many museums in France, Germany, Great Britain, and elsewhere in Western Europe are examining the provenance of objects in their collections that were removed during periods of colonial occupation and, in some cases, have developed plans for their restitution. As of 2022, few museums in the United States have announced similar objectives. This article offers specific suggestions for American art museums to proceed proactively and transparently with colonial-era provenance research projects. I propose that museums identify objects in their collections that were displaced in one of two ways: either looted during a post-Napoleonic military conflict or stolen or traded by force under a period of colonial occupation. These works of art should be prioritized for provenance research and listed or otherwise made discoverable online. By listing these objects on their websites, museums will acknowledge the contentious histories of works of art in their collections and signal an openness to engaging with source communities, whether about the return of an object, loans, storage, display, educational initiatives, or other matters of care. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
193. Local vibration improves recovery from prolonged exercise in overweight and obese women.
- Author
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Piotrowska, Anna, Bożek, Anna, Wiśniewski, Andrzej, Stabrawa, Rafał, Cholewa, Piotr, Żychowska, Małgorzata, Czech, Piotr, Tyka, Anna, and Pałka, Tomasz
- Subjects
- *
OBESITY in women , *VIBRATION therapy , *OVERWEIGHT women , *EXERCISE therapy , *MYALGIA - Abstract
Background: One of the primary forms of obesity management is dietary intervention and the introduction of regular physical activity. The main limitation is the acceptability of the proposed form of exercise, which will be hindered by symptoms associated with Delayed Onset Muscle Soreness (DOMS). Therefore, the aim of this project was to confirm the hypothesis that post-exercise restitution is accelerated by vibration therapy treatments. Methods: Twenty non-exercising women with abnormally high BMI values were recruited for the project. The women were subjected to an exercise intervention in the form of interval exercise at individually adjusted intensities. After exercise, they were subjected to 60 minutes of vibrotherapy (study group) or rested passively on placebo mattresses (control group). Myoglobin (Mb) and creatine kinase (CK) and lactate dehydrogenase (LDH) activities were examined at three time points: immediately after exercise (0); after an hour of recovery (vibration or placebo) (I); and 24 hours after exercise (II). Results: Significantly higher results of the tested markers in measurement I were indicated, which pointed out that exercise caused the release into the bloodstream of a number of factors indicative of myocyte damage. For each of the markers tested, measurements showed lower values in the vibrotherapy group. After 24 hours, LDH activity in the treatment group returned to baseline. The results of Mb and CK in measurements I and II were significantly higher than baseline, and for each of them, favorable lower values were observed in the vibration-treated group. Conclusion: In overweight and obese women, vibration therapy as a form of post-workout recovery intervention appears to be effective. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
194. La restitución del patrimonio arqueológico a sus países de origen. Un debate que continúa latente.
- Author
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SENÉN GUIRADO, JOSÉ ANTONIO
- Subjects
- *
COUNTRY of origin (Immigrants) , *PROTECTION of cultural property , *PILLAGE - Abstract
The debate on the restitution and return of the Archaeological Heritage to its countries of origin continues to be today an issue that still has a difficult solution, especially with regard to archaeological objects of greatest historical value. Despite this, there is a broad consensus within society on the need to seek the best solution to this issue, giving priority to heritage protection in any case. We will analyze some pending issues today, as well as the cases that have aroused the most interest at the media level. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
195. TRANSNACIONALNE PARNICE USMJERENE NA RESTITUCIJU IZ DOBA HOLOKAUSTA.
- Author
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Duraković, Adnan
- Subjects
- *
WORLD War II , *INTERNATIONAL law , *HUMAN rights violations , *SLAVE labor , *CONFISCATIONS , *ATROCITIES , *CRIME ,COMMUNIST countries - Abstract
According to international law, individuals who suffered damage during the war had to ask their governments to represent their interests in negotiations with the defeated side. After the Second World War, considering the extent of the destruction, that model was dominant, but it was not entirely sufficient. Unprecedented crimes committed by the Nazi regime left entire groups of victims denied reparations for their individual wrongs. Injustices were committed in the classic crimes of bodily injury, murder, imprisonment, confiscation of property and entire fortunes, use for work in the form of slave labor, biological experiments, deportation and separation of children and parents, etc. Post-war Germany agreed to provide individual compensation and humanitarian aid to certain categories of persons who were damaged. Bilateral and multilateral reparations agreements were concluded with Western countries, and later with the former countries of the communist bloc. However, numerous issues of redressing individual injustices due to the atrocities of the Nazi regime were not adequately resolved. Individuals and even groups of victims had weak negotiating and political capabilities and could not claim their rights before their countries or force governments and foreign multinational companies to compensate them for their injustices. Therefore, only one country in the world had the possibility for such a thing, the United States of America. They not only had courts that were willing to take such cases, but more importantly, they had powerful diplomacy and instruments of pressure on those who were labeled as bearers of human rights violations in the Holocaust. [ABSTRACT FROM AUTHOR]
- Published
- 2023
196. Eine Reise nach Brasilien und retour. Provenienzforschung und eine Restitution aus Brasilien.
- Author
-
Stumpf, Markus
- Subjects
- *
CRIMINAL procedure , *RARE books , *NATIONAL socialism , *BOOK industry , *CULTURAL property , *BOOK collecting , *ACADEMIC libraries , *PILLAGE , *COLLECTIONS , *ART thefts , *RETURN migration - Abstract
In spring 2022, the Itaú Cultural in São Paulo, Brazil, returned the three-volume work A Journey to Brazil from its collection to Vienna University Library. The contribution draws attention to the library’s internal sources, the theft of art and cultural property, and Brazilian provenance research. It concludes that provenance research cannot be reduced to the era of National Socialism and its consequences but must be thought of as a global endeavour without time restrictions. The return of the work after more than two years made it possible to start researching the background of this exciting and multi-faceted provenance and criminal case. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
197. ARQUITECTURAS PATRIMONIALES DEL TRATAMIENTO CULTURAL.
- Author
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Barañano Cid, Ascensión and Jinks, Nina B.
- Subjects
SYMBOLIC capital ,SOCIAL acceptance ,GOVERNMENT agencies ,SELF-efficacy ,PARODY ,CULTURAL property ,PARTICIPATORY culture - Abstract
Copyright of Agora (0211-6642) is the property of Universidad de Santiago de Compostela, Servicio de Publicaciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
198. LA CRÍTICA DE JOSÉ DE ACOSTA DE LAS INJUSTICIAS EN EL VIRREINATO DE PERÚ.
- Author
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DÍAZ PALACIO, MANUEL
- Subjects
REFLECTION (Philosophy) ,KINGS & rulers ,SPANIARDS ,MISSIONARIES ,PREACHING - Abstract
Copyright of Cauriensia: Revista Anual de Ciencias Eclesiásticas is the property of Instituto Teologico San Pedro de Alcantara de Caceres and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
199. The Remedial Mechanisms of the International Court of Justice: Past and Present.
- Author
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Stoica, Victor
- Abstract
There are several misconceptions regarding the function of remedial mechanisms applied by international courts and tribunals. Most commonly, and generally, they are perceived as serving the exclusive function of repairing injuries, either material or moral, suffered by States, individuals or companies. However, the main function of remedial mechanisms before the International Court of Justice is that, through them, disputes are settled, in a final and binding manner, even when no injuries are suffered. The remedies of international law have been codified by the International Law Commission through the Articles on Responsibility of States for Internationally Wrongful Acts, which confirm that for international responsibility to be declared there is no need for injuries to exist. All international courts and tribunals calibrate the framework of the ilc Articles on Responsibility of States. The International Court of Justice is no exception. The sensibilities of inter-State disputes, including their political predilections, have led the judicial body of the United Nations to contextualize and reshape some of the basic rules regarding reparation, such as the alleged primacy of restitution in kind or the various mechanisms through which it decides to calculate the quantum of due compensation. This article addresses the way in which the jurisprudence of the International Court of Justice, with respect to the remedial mechanisms that it applies, has evolved during the past 75 years, by firstly focusing on its traditional judgments, through which it established findings of principle, and secondly on its more recent conclusions which, at least with respect to certain remedial mechanisms, has shifted. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
200. ANTALYA KARATAY MEDRESESİ TAÇKAPISI RESTİTÜSYON ÖNERİSİ.
- Author
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BULUT, MUSTAFA
- Abstract
Copyright of Journal of Akdeniz Sanat is the property of Akdeniz University, Faculty of Fine Arts and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
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