August 1, 2018

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.