https://orcid.org/0000-0002-4914-7068
Andrzej Jakubowski is a lawyer and art historian. Affiliated with the Institute of Law Studies of the Polish Academy of Sciences in Warsaw (Poland), he serves as rapporteur of the Committee on Safeguarding Cultural Heritage in Armed Conflict of the International Law Association, and SAACLR Deputy Editor- in-chief. In April-May 2024 he was Visiting Professor at the University Milan-Bicocca, Italy. Andrzej is the co-editor of The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property: A Commentary, Oxford University Press, Oxford 2024.
Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2024 (10), 2024, pp. 15 - 26
Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2024 (10), 2024, pp. 27 - 40
https://doi.org/10.4467/2450050XSNR.24.010.20821Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2024 (10), 2024, pp. 9 - 14
Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2024 (10), 2024, pp. 41 - 50
https://doi.org/10.4467/2450050XSNR.24.011.20822Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2022 (8), 2022, pp. 9 - 11
Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2024 (10), 2024, pp. 295 - 306
https://doi.org/10.4467/2450050XSNR.24.023.20834Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2016 (2), 2016, pp. 283 - 289
Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2017 (3), 2017, pp. 9 - 11
Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2016 (2), 2016, pp. 9 - 20
Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2021 (7), 2021, pp. 9 - 12
Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2015 (1), 2015, pp. 147 - 174
https://doi.org/10.4467/2450050XSR.15.017.4515This article deals with the international responsibility of States for their breach of cultural heritage obligations in the event of armed conflicts. The topic is both highly important and challenging. In fact, the implementation of State responsibility for the breach of a cultural heritage obligation may meet with serious practical difficulties in attributing unlawful conduct to a given State. Moreover, political circumstances often favour the prosecution of individual perpetrators, even if they acted under the direction or control of a State, rather than invoking the responsibility of that State. Viewed in such light, this article briefly discusses the sources and status of international cultural heritage in the event of armed conflict, then deals with the consequences of their violation in international practice. It also discusses the resolution Succession of States in Matters of International Responsibility, adopted this year by the Institute of International Law (IIL), and analyses its potential outcomes in relation to cultural heritage obligations applicable to States’ conduct in armed conflicts.
Andrzej Jakubowski
Santander Art and Culture Law Review, 2/2020 (6), 2020, pp. 151 - 176
https://doi.org/10.4467/2450050XSNR.20.014.13017Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the permanent exhibition of the Museum of the Second World War in Gdansk (MWII), this article examines the scope of copyright protection in new, so-called, “narrative” museums under Polish law. First it briefly scrutinizes main facts and circumstances of this case. Secondly, it discusses the current legal framework on the copyright protection of museum exhibitions under Polish law. Next, in light of the judgment rendered in the MWII case, the standard of legal protection of moral interests resulting from a museum exhibition’s design and its scenario (script) is explored. Finally, the article concludes with a set of observations concerning the extent to which copyright law may serve as a tool for protecting the integrity of museum exhibitions and their original conceptual design.