Katarzyna Zalasińska

The need for an integrated application of the Convention Concerning the Protection of World Cultural and Natural Heritage (1972) and the Convention for the Safeguarding of the Intangible Cultural Heritage (2003) illustrates a shift in approach concerning the axiological base of the UNESCO’s Cultural Conventions System. Adopting the 2003 Convention reflected the new ways of thinking about the role of cultural heritage, raising the question of creating an integrated management model of heritage sites that could ensure a holistic approach to heritage conservation. The full engagement of communities in the management processes must entail considering the intangible cultural heritage elements, of which they are bearers. Thus, building integrated management systems would be the result of a redefinition of the scope and significance of the UNESCO Cultural Conventions.

The subject of this paper is the analysis of the civil law situation applying to those who acquire a find in Poland (i.e. finders). Legislators have differentiated the civil and legal situation of a finder depending on whether the find is, in particular, a historical monument or an archaeological monument. The regulations governing the ownership of finds have a direct impact on the level of their legal protection. This applies especially to archaeological monuments owned by the State Treasury. The elimination of risks associated with the illegal export and transfer of ownership of archaeological artefacts acquired as a result of an illegal search should result not only from regulations of an administrative and legal nature, which are discussed in the article, but also to ensure the security of the trade in cultural goods by regulating the functioning of the art market in Poland.

Forty years after the Convention on Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization gathered in Paris between 12 October and 14 November 1970 is a good occasion to discuss its effectiveness and topicality in today’s world with its threats to the movable heritage. The aim of this article is to discuss the most important provisions of the Convention and their implementation in Poland.

The most recognized means of sharing and disseminating knowledge of documentary heritage elements are the registers (lists) operating under UNESCO’s Memory of the World Program. Material and procedural conditions, in conjunction with the values underlying the UNESCO Memory of the World Program, determine the degree to which the goal of ensuring accessibility, as well as the promotion and dissemination of elements of documentary heritage, is achieved. In this regard, an important role is played by lists operating at the national level, providing the widest access to information on documentary heritage. The purpose of the article is also to consider the legal nature and to refer to the current discussion on the legitimacy of the introduction and shape of the procedure for entry on the national list.