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.

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.

 

New HEURIGHT publication by Mateusz M. Bieczyński, ‘The Right to Cultural Heritage in the Law of the European Union’

Wolters Kluwer Poland has just published a chapter by Mateusz Bieczyński (from the Polish team), entitled  ‘Prawo do dziedzictwa kulturowego w prawie Unii Europejskiej [The Right to Cultural Heritage in the Law of the European Union]’, in the volume Prawo wobec kultury i sztuki [Law in relation to Culture and the Arts] (Wolters Kluwer 2017), edited by J. Sobczak, K. Chałubińska-Jentkiewicz, K. Kakareko.

The book presents the challenges faced by the legal regulation in the sphere of culture and the arts. The authors raise the issues of ethics, cultural heritage management, cultural policy, digitization and access to cultural heritage, and describe selected more specific problems, such as the promotion of culture and the arts, or taxation of artists.

 

Frequently Asked Questions (FAQ) document on cultural heritage after Brexit

Kristin Hausler, a head of the British HEURIGHT team, has just published a Frequently Asked Questions (FAQ) document on cultural heritage after Brexit, which discusses: the current EU framework for the movement of cultural goods, the benefits of the current system, what happens after Brexit, as well as the potential future arrangements between the UK and the EU. This FAQ is intended to present a very short outline of the main issues relating to cultural heritage post-Brexit, with a particular focus on the movement of cultural goods.

It can be accessed at the BIICL website.

Armed Non-State Actors and Cultural Heritage in Armed Conflict

On 14 December 2017, the International Journal of Cultural Property published an article co-authored by Marina Lostal (Hague University of Applied Sciences, Netherlands), Kristin Hausler (BIICL and a member of the HEURIGHT team) and Pascal Bongard (Head of the Policy and Legal Unit at Geneva Call, Switzerland), entitled “Armed Non-State Actors and Cultural Heritage in Armed Conflict”.

Abstract:

This article presents the preliminary findings of a scoping study that Geneva Call is conducting to understand the existing dynamics between armed non-state actors (ANSAs) and cultural heritage. Geneva Call is a Swiss-based nongovernmental organization dedicated to promoting the respect of international humanitarian law by ANSAs. The study centres on three case studies—Syria, Iraq, and Mali—on which information has been obtained through desk and field research, interviews with ANSAs operating in those countries, and with leading organizations committed to the protection of cultural heritage, globally or regionally. The article first maps the various attitudes of ANSAs toward cultural heritage, highlighting both positive and negative examples from current practices. Then it analyzes the response of specialized organizations to the impact of ANSAs on cultural heritage and their level of engagement with these actors on cultural heritage issues. Finally, the conclusion offers some tentative recommendations to enhance the respect of cultural heritage by ANSAs in non-international armed conflicts.

Individual Responsibility for Deliberate Destruction of Cultural Heritage: Contextualizing the ICC Judgment in the Al-Mahdi Case

On 15 November 2017, the Chinese Journal of International Law published online a study by Karolina Wierczyńska and Andrzej Jakubowski from the Polish research team, entitled “Individual Responsibility for Deliberate Destruction of Cultural Heritage: Contextualizing the ICC Judgment in the Al-Mahdi Case“.

 

Abstract:

This article analyses how the International Criminal Court dealt, in the case of Al-Mahdi, with the crime of intentional attacks directed against protected cultural heritage sites. The case is discussed in the context of the previous experience and jurisprudence of other international criminal tribunals in prosecuting and punishing the perpetrators of cultural heritage crimes. In this respect, the article examines the complementary function of international criminal justice in relation to the shortcomings of national criminal jurisdictions. It also deals with a set of fundamental issues emerging at the junction of the international protection of cultural heritage and individual criminal responsibility, being the gravity of international crimes; cultural genocide as affecting the identity of a group; and the primary obligation of States to exercise criminal jurisdiction over individuals. The core aim of the article is thus to critically analyse the extent to which the ICC judgment in Al-Mahdi may be seen as a breakthrough towards a more efficient international mechanism for counteracting impunity in crimes against cultural heritage.

New HEURIGHT publication by Kristin Hausler and Richard Mackenzie-Gray Scott

We are pleased to announce that our new HEURIGHT paper, authored by Kristin Hausler and Richard Mackenzie-Gray Scott, entitled ‘Outside the Debate? The Potential Impact of Brexit for Cultural Heritage in the UK’ has just been published in the prestigious Art Antiquity and Law, Volume XXII, Issue 2, July 2017, pp. 101-117.

 

Abstract:

Following the European Union (EU) referendum of 24 June 2016, the EU Single Market has been the key talking point, with trade deals, investment partnerships and Schengen being the other main points of discussion. Cultural heritage, which refers to all forms of tangible and intangible culture that have been inherited from past generations, has so far been left outside this debate. This article provides an objective assessment of the risks posed to this heritage in the UK if it is no longer part of the EU, and the factors that the UK will need to consider as it negotiates its exit from the EU. In particular, it considers the legislation and funding streams that the UK benefits from as an EU Member State, which Brexit puts in jeopardy.

New HEURIGHT publication by Hanna Schreiber

We are pleased to announce that our new HEURIGHT paper, authored by Hanna Schreiber and entitled ‘Intangible cultural heritage and soft power – exploring the relationship’ has just been published in the International Journal of Intangible Heritage.

Abstract:

This article presents the ‘soft power’ concept (Joseph Nye) and explores its relationship with the concept of intangible cultural heritage. Its main points of reference are thus the UNESCO 2003 Convention on the Safeguarding of the Intangible Cultural Heritage, the Representative List of the Intangible Cultural Heritage of Humanity, as well as two chosen ‘soft power’ rankings: Soft Power 30 and the Elcano Global Presence Index. Member states of the European Union, as well as countries occupying important places in these rankings like the United States, the United Kingdom or China are of particular relevance. The author points out that a new kind of discourse has emerged alongside the ‘Authorised Heritage Discourse’ (Laurajane Smith) – the ‘Intangible Heritage Discourse’. She argues that UNESCO plays the role of an arbiter in both of these discourses, and subsequently analyses their possible impact on the position of particular countries in the ‘soft power’ rankings.