The Italian team will focus on cultural heritage protection in Italy in the particular context ofits external relationships with the neighbouring Western Balkan countries. The specific cultural and legal traditions that characterize the countries of the Western Balkan area, their recent past of wars, and the current process of their gradual accession to the EU, justify aspecific interest in studying how human rights guarantees in relation to cultural heritage arebeing understood and implemented in this region. Here ethnic and religious diversity have represented, in recent history, more a factor of conflict and separation between communities than a factor of cultural richness, one promoting mutual understanding and tolerance. Afterthe dramatic events of the years 1991-1995, respect for, and the protection of, minorities andcultural rights, as well as an improvement in regional cooperation to address war crimesissues are under constant scrutiny by EU institutions and constitute an important part of theconditions of accession established by the Stabilization and Accession Agreements with theWestern Balkan countries. Cultural cooperation is intended, inter alia, to raise mutual understanding and esteem between individuals, communities and peoples. Acceding countries should also undertake to cooperate to promote cultural diversity, notably within the framework of UNESCO legal instruments and standard-setting.
Francesca Fiorentini is an Associate Professor of Private Comparative Law at University of Trieste (Italy), Department of Legal Studies, Language, Interpreting and Translation Studies. She is also a member of the SIRD (Italian Society for the Research in Comparative Law – National Committee of the International Association of Legal Sciences). In 2004-2007 Francesc served as a Research Associate at the Max-Planck-Institut für ausländisches und internationales Privatrecht of Hamburg (Germany), within the network “Study Group on a European Civil Code” – Group on Personal and Proprietary Security Rights (directed by Prof. Dr. Ulrich Drobnig). She was also a Marie Curie Fellow at the Zentrum für Europäisches Rechtspolitik (ZERP) of the University of Bremen (Germany) (2006 – 2007). She authored a monograph Le garanzie immobiliari in diritto europeo. Studio di diritto comparator (Staempfli 2009) and co-edited (with Professor Luisa Antoniolli, Trento) of a collective book The Factual Assessment of the Draft Common Frame of Reference (Sellier 2010). Her main fields of investigation comprise: comparative law, European private law, comparative property law, comparative secured transactions law and comparative cultural property law.
- ‘Good Faith Purchase of Movables in the Art Market. Comparative Observations’, in Pravni život, Pravo i načelo savesnosti i poštenja, 27 godina kopaokičke škole prirodnog prava (vol 3; Belgrade 2014) 249-266
- ‘New Challenges for the Global Art Market: The Enforcement of Cultural Property Law in International Trade’, in Property Law Perspectives III (Intersentia 2014) 189-215
- ‘A Legal Pluralist Approach to International Trade in Cultural Objects’, in JAR Nafziger and R Paterson (eds), Handbook on the Law of Cultural Heritage and International Trade (Edward Elgar 2014) 589-621
- ‘The Trade of Cultural Property: Legal Pluralism in an Age of Global Institutions’, in JA Sánchez Cordero (ed), La convención de la UNESCO de 1970. Sus nuevos desafíos/The 1970 UNESCO Convention. New Challenges (Universidad Nacional Autónoma de México 2013) 103-133.
Paola Monaco is a post-doc fellow at the University of Trieste, Department of Law. She graduated from the University of Trieste in 2007, and got her PhD in comparative law at the University of Palermo in 2012. She was admitted to the Italian bar in 2011. Her principal publications include papers on scientific evidence and gender equality and a monograph on toxic tort litigation in the US system.
- La toxic tort litigation. Analisi e comparazione dell’esperienza statunitense (ESI, Napoli 2015)
- ‘Measuring the Market for Culture: Classification of Cultural Goods and Services and the Unesco Indicators’ (in preparation).