Intangible Cultural Heritage – joint publication of the Project HEURIGHT and Santander Art and Culture Law Review

We are pleased to present you with the latest issue of the biannual “Santander Art and Culture Law Review” (SAACLR) (2017, Vol. 3) devoted to the topic of successes, problems and challenges surrounding intangible cultural heritage ten years after the entry into force of the Convention for the Safeguarding of the Intangible Cultural Heritage (the 2003 Convention). This issue of the SAACLR is compiled with the consortium HEURIGHT and co-edited with two renowned experts in the field: Hanna Schreiber from the University of Warsaw, Deputy President of the Polish Intangible Cultural Heritage Council and member of the HEURIGHT Research Team; and Lucas Lixinski from the University of New South Wales, the author of the first comprehensive monograph on the safeguarding of intangible cultural heritage in international law (Oxford University Press, 2013) and member of the Executive Committee of the Association of Critical Heritage Studies. In addition to their co-editing of this issue, they also offered introductions to the sections entirely devoted to the leading theme: interviews, research articles, and debuts.

The other sections of the issue are not directly related to the safeguarding of intangible cultural heritage. The two articles in the commentaries section deal with domestic cultural heritage law. Agnieszka Jachec-Neale examines the 2017 ratification by the United Kingdom of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols. Her article discusses both the process of ratification and its legislative outcome within the British legal system. The contribution by Luis Javier Capote Pérez offers a brief analysis of the public/private law divide in relation to the legal protection of cultural heritage in Spain. In particular, he explores and substantiates how and to what extent the general interest of the community in safeguarding and preserving cultural heritage, as provided by public law regulations and enforced by public administration, may limit the property rights of private owners of cultural assets. In turn, the varia section is entirely devoted to the new cultural heritage treaty of the Council of Europe: the Convention on Offences relating to Cultural Property, opened for signature on 19 May 2017. The article by Mateusz Maria Bieczyński focuses on the basic questions regarding the conditions of effectiveness of this treaty, the context of its adoption, and its envisaged consequences for the protection of cultural property.

This issue of the SAACLR also offers a section dedicated to analysis of criminal threats to cultural heritage in Poland in 2017. Olgierd Jakubowski examines the various types of crimes committed against cultural property, including theft and destruction, based on his analysis of the statistics from both the Polish police forces and Poland’s border and customs services.

We hope that you will enjoy this new issue of the “Santander Art and Culture Law Review”. We encourage you to contact us (at: saaclreditors@gmail.com) if you wish to reply to the call for papers, or just to express your opinion regarding the content of our volumes.

See the entire issue in Open Access.

New HEURIGHT Publications – Two Case Studies

We are pleased to announce the publication of two case-studies prepared within the framework of the Project HEURIGHT:

HEURIGHT FINAL SUMMARY REPORT (2015-2018)

The Project  has critically investigated how the European Union (EU) frames and addresses cultural heritage in its law and policy. Acknowledging the changing and often contested conceptualisations of cultural heritage, it has endeavoured to map how its evolving notion affects the forms of protection, access to, and governance of heritage, within the institutional, operational and legal structures of the EU. In particular, it has dealt with the complex organisational and regulatory frameworks concerned with cultural heritage, trade and human rights in place in the EU and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. Hence the Project’s agenda has been designed, on the one hand, to comprehensively explore and substantiate the role of cultural heritage for the regional European integration and, on the other, to explain and debate the uniqueness of the EU model of cultural heritage governance vis-à-vis global efforts aiming to respect and safeguard cultural heritage and diversity around the world as global commons. Drawing upon a matrix of research focused on both theoretical and practical aspects of the EU’s action in the realm of cultural heritage, HEURIGHT14 has offered cross-cutting insights on how heritage is currently defined, used and managed in decision- and policy-making. At the same time, it has also proposed avenues to strengthen its protection, access, and governance, thus offering an important contribution to the fields of human rights, EU law, international relations, anthropology and heritage studies.

The Project was implemented by an international consortium, established on 15 June 2015 and comprising three research teams, associate partners and experts. The consortium was chaired by Dr. Andrzej Jakubowski, the Project Leader (PL), based in Poland, and managed by two other Principal Investigators (PIs): Kristin Hausler (United Kingdom) and Prof. Francesca Fiorentini (Italy). The University of Fine Arts in Poznan (Poland) was the institutional leader of the Project and forms a national consortium with two research centres of the Polish Academy of Sciences in Warsaw: the Institute of Law Studies and the Institute of Art. The British Institute of International and Comparative Law in London and the Department of Legal Science, Language, Interpreting and Translation Studies of the University of Trieste were the two other institutional members of the transnational research consortium.

The Project HEURIGHT14 had two specific objectives. Firstly, it was intended to provide a theoretical re-conceptualization of the right to cultural heritage, focusing not only on positive law and jurisprudence, but also on soft-law rules, diplomacy and cultural cooperation as possible alternative devices for fostering inter-cultural dialogue and understanding. Secondly, in its practical perspective, the Project was designed to analyse how the technical tools used to manage and protect cultural heritage, in particular digitization processes with the development of databases, virtual museums, etc., are currently considered and how they could be further developed to strengthen the enforcement of the right to cultural heritage throughout the EU, including as part of its external action. Accordingly, the Project’s consortium has conducted research in the following interlinked areas: i) EU constitutional law; ii) EU cultural heritage cooperation with other international organizations (including the recent cultural heritage involvement of the UN Security Council); iii) the case law of the European Court of Justice and European Court of Human Rights in relation to cultural heritage and the rights attached to it; iv) cultural heritage and EU investment agreements; v) cultural heritage within the EU’s External Action; vi) the safeguarding of intangible cultural heritage in the EU ten years after the entry into force of the 2003 UNESCO Convention; vii) the movement of cultural objects in the EU; viii) the EU’s cultural heritage agenda in neighbourhood policies; ix) the digitisation of cultural heritage in the EU. It is also important to highlight that the British Team, as a result of the EU referendum in the UK, has added the impact of Brexit on cultural heritage within the remit of its research. The Project’s consortium has also performed its specific case-studies (Polish Team: Poland-Ukraine and Eastern Partnership, Poland-Germany cultural heritage legal relations; British Team: access of cultural heritage in the UK, including in  its external relations (with the EU but also with former colonies) and through digitisation; Italian Team: EU and Western Balkans). Last but not least, the Project has developed six online exhibitions of historical survey photography collections documenting the non-existent cultural heritage of Europe’s Eastern Borderlands, preserved at the Institute of Art of the Polish Academy of Sciences, in Warsaw. The core aim of these galleries has been to foster a discussion on the access to forgotten and contested cultural heritage through digital technologies. This component of the Project was particularly important for the research concerning the EU digital heritage agenda and those relating to contested heritage (in particular the case of Istria and Polish-Ukrainian borderlands).

The Project’s results have been widely debated, promoted and disseminated. The consortium has hosted three large conferences, four large public events and several smaller events. These activities have led to engagement with a variety of stakeholders, including scholars, policy-makers, representatives of public institutions, and the general public. In 2018, the Project’s events have been granted the label of the European Year of Cultural Heritage (EYCH). The key findings have also been presented in a number of international scientific conferences. The consortium has published a number of research papers. In particular, the consortium in cooperation with the Editorial Board of the Santander Art & Culture Law Review (SAACLR; indexed at ERIH+) have prepared two important thematic research series: ‘The Return of Cultural Objects within the European Union – Implementing the Directive 2014/60/EU’ (2016, vol. 2, no 2); and ‘Intangible Cultural Heritage – Successes, Problems and Challenges 10 Years After the Entry into Force of the UNESCO 2003 Convention’ (2017, vol. 3, no 2; forthcoming). Both publications gathered the leading experts in the fields of the movement of cultural goods and the safeguarding of intangible heritage, respectively. Alongside these topical research series, the members of the consortium published their work in peer-reviewed edited volumes and first-tier international journals in the field, including the International Journal of Cultural Policy, Italian Yearbook of International Law, Art, Antiquity & Law, International Journal of Cultural Property, Chinese Journal of International Law, European Journal of Comparative Law and Governance, and International Journal of Intangible Heritage. In 2017, the contract for the Project’s final peer-reviewed monograph was signed with BRILL-Nijhoff. As a result, the volume titled Cultural Heritage, Cultural Rights and the European Union: A Critical Inquiry, edited by Andrzej Jakubowski, Kristin Hausler and Francesca Fiorentini, will be published by the end of 2018 in ‘BRILL Studies in Intercultural Human Rights’. The Project’s consortium intends to present and promote it in December 2018, during the final events of the EYCH.

Download the Final Report.

“Current Challenges (and Opportunities) to Accessing Cultural Heritage in the UK and Beyond”, 31st May 2018, London

Current Challenges (and Opportunities) to Accessing Cultural Heritage in the UK and Beyond

31st May 2018

Time: 16:30-18:00 (Registration from 16:00)
Followed by a reception

Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP

The current Brexit negotiations have so far not led to much discussion regarding cultural heritage. Nevertheless, the current political climate, in the UK and in the rest of the world, may create some challenges to the accessing and enjoyment of cultural heritage, which has now been established as a human right, enshrined in international law.

This event will highlight some of those challenges, as well as discuss possible ways to overcoming obstacles to accessing heritage, including intangible heritage, such as through digitisation and art loans for example. While the discussions will centre on the situation in the UK, a wider perspective will also be offered, through the example of the functioning of museums in Poland, where human rights are currently under threat.

Chair

  • Kristin Hausler, British Institute of International and Comparative Law

Speakers

  • Geoffrey Bennett, Senior Fellow, Institute of Art and Law
  • Ewa Manikowska, Institute of Art, Polish Academy of Sciences
  • Alison McCleery, Edinburgh Napier University
  • Andrea Wallace, University of Exeter

Download the Event Flyer.

War, Photo Archives and the Temporalities of Cultural Heritage, 18-20 April 2018, Florence (Italy)

On 19-20 April 2018, Ewa Manikowska and Andrzej Jakubowski participated in the workshop ‘War, Photo Archives and the Temporalities of Cultural Heritage’, at the Photothek of the Kunsthistorisches Institut in Florenz – Max Planck Institut, in Florence (Italy). The event was organised by the Costanza Caraffa, Almut Goldhahn (Photothek of the Kunsthistorisches Institut in Florenz – Max Planck Institut, Florence) and Ewa Manikowska (Institute of Art of the Polish Academy of Sciences, Warsaw) with the generous support of the Deutsch-Polnische Wissenschaftsstiftung.

The workshop was preceded by a evening lecture by Pawel Machcewicz on 18 April 2018.

See the event’s website.

Download the workshop’s programme.

“European Union and Cultural Heritage: Legal and Policy Dilemmas”, 17-18 May 2018, Trieste (Italy)

The International Conference entitled “European Union and Cultural Heritage: Legal and Policy Dilemmas” will take place on May 17-18, 2018 at the Department of Legal, Language, Interpreting and Translation Studies of the University of Trieste (IUSLIT), Italy. It is the closing conference of the Project HEURIGHT, hosted by the Italian team chaired by Prof. Francesca Fiorentini, Department IUSLIT.
This research project endeavours to map how the evolving notion of Cultural Heritage affects the forms of protection, access to, and governance of heritage, within the institutional, operational and legal structures of the EU. In particular, it deals with the complex organisational and regulatory frameworks concerned with Cultural Heritage, trade and human rights in place in the EU and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. Hence, the project seeks, on the one hand, to explore and substantiate the role of Cultural Heritage for the regional European integration and, on the other, to explain and debate the uniqueness of the EU model of Cultural Heritage governance vis-à-vis global efforts aiming to respect and safeguard Cultural Heritage and diversity around the world as global commons.

In this context, the main objective of the conference is, from the one side, to debate the final outcomes of the HEURIGHT research. On the other side, it will gather contributions addressing some of the major challenges Cultural Heritage governance is facing within the EU and in the global arena, like endangered Cultural Heritage and the illicit trafficking of cultural objects, digital access to Cultural Heritage, the European label initiative, or operational aspects like the regional and structural funds the EU devotes to Cultural Heritage projects. In this regard, the conference seeks to substantiate the axiological, political and societal considerations driving the EU’s involvement in Cultural Heritage, regionally and globally.

HEURIGHT_Final_Conference_Programme.

For further details and registration, please contact Dr. Paola Monaco at pmonaco@units.it.

For more information please consult the websites of the University of Trieste and that of the Italian research team.

The HEURIGHT closing conference in Trieste has been awarded the European Year of Cultural Heritage 2018 (EYCH) label. Throughout 2018, European societies will celebrate their diverse cultural heritage across Europe – at EU, national, regional and local level. The aim of the EYCH is to encourage more people to discover and engage with Europe’s cultural heritage, and to reinforce a sense of belonging to a common European space.

The slogan for the year is: “Our heritage: where the past meets the future”.

The EYCH will see a series of initiatives and events across Europe to enable people to become closer to and more involved with their cultural heritage.

For more info consult the EYCH’s online platform and websites of national coordinators.

 

New publications by Kristin Hausler and Andrzej Jakubowski

We are pleased to announce that Kristin Hausler and Andrzej Jakubowski have just published two studies regarding the evolving role of the United Nations Security Council and the protection of cultural heritage in the event of an armed conflict in the Questions of International Law (QIL):

QIL is an open-source peer-reviewed e-journal, founded in 2014, which aims to foster the debate on questions of public international law by providing a dynamic platform for scholars and practitioners. These two studies are published in the ‘Zoom-in’ section, focused on recent judicial and diplomatic practice, as well as on other events of interests, mainly with the aim to explore or review the underlying legal issues.

This QIL ‘Zoom-in’ section has been edited by Dr. Sabrina Urbinati, Postdoctoral Fellow in international law at the School of Law of the University of Milano-Bicocca, Milan (Italy), who is also the author of the introductory note.

Save the date: ‘Current Challenges (and Opportunities) to Accessing Cultural Heritage in the UK and Beyond’, 31 May 2018, London

Current Challenges (and Opportunities) to Accessing Cultural Heritage in the UK and Beyond’. This event is organised as part of the HEURIGHT Project.

The Brexit negotiations have so far not led to much discussion regarding cultural heritage. Nevertheless, the current political climate, in the UK and in the rest of the world, may create some challenges to the accessing and enjoyment of cultural heritage, which has now been established as a human right, enshrined in international law. This event will highlight some of those challenges, as well as discuss possible ways to overcoming obstacles to accessing heritage, including intangible heritage, such as through digitisation for example. While the discussions will centre on the situation in the UK, a wider perspective will also be offered, through the example of the functioning of museums in Poland, where human rights (such as freedom of speech and freedom of artistic expression and science) and are currently under threat.

Chair: Kristin Hausler (BIICL)

Speakers:

  • Alison McCleery (Edinburgh Napier University)
  • Ewa Manikowska (Institute of Art, Polish Academy of Sciences)
  • Andrea Wallace (University of Exeter)
  • Additional speaker TBC

More information will be available soon.

New HEURIGHT publication by Paola Monaco, ‘Cultural Heritage, Development, Tourism and Global Indicators. The Experience of Western Balkan Countries’

We are pleased to announce that our new HEURIGHT paper, authored by Paola Monaco and entitled ‘Cultural Heritage, Development, Tourism and Global Indicators. The Experience of Western Balkan Countries’ has just been published in the prestigious European Journal of Comparative Law and Governance.

Monaco P., ‘Cultural Heritage, Development, Tourism and Global Indicators. The Experience of Western Balkan Countries’ (2018) European Journal of Comparative Law and Governance 5(1), pp. 89-114

Abstract:

In recent times, there has been increased attention paid to and interest in the protection of culture and cultural heritage in the Western Balkans. Among the wide array of interventions and projects which have been developed in this field over the years, this paper offers a comparative review of the main two global initiatives proposing the collection and publication of indicators on culture, development, and tourism: the UNESCO Culture for Development Indicators, and the United Nations World Tourism Organization’s Sustainable Tourism Indicators. The analysis of Western Balkan countries using these indicators helps us to see how they work in practice and what possible developmental outcomes they are likely to produce in both the short- and the long-term.