Paula Chmielowska

Under Polish law objects that are archaeological cultural heritage discovered, accidentally found, or acquired as a result of archaeological research, are the property of the state. This is the situation of the original acquisition of the monument. As a further consequence, archaeological monuments are excluded from trade (becoming res extra commercium). Besides trade, the export of archaeological cultural goods is also highly problematic. In the case of permanent export of a monument abroad, the law imposes the obligation to obtain a permit for such permanent export, issued by the minister responsible for culture and the protection of national heritage. The regulation in Polish law makes it almost impossible for any archaeological cultural goods to be legally exported. The restricted freedom on the market of works of art and monuments in relation to archaeological finds, together with the limited options of mainly temporary export, have created high activity in the black market, calling for a change of approach of the national law towards archaeological heritage. This leads to the question: Should we introduce some legal changes in the ownership rights of archaeological heritage to bring it closer to people?

In popular perception Japan is often associated with cherry blossoms, the samurai, the geishas, rice fields and delicious ramen soup. However, each of these elements is relatively new. The country’s culture is rich and ancient, and the Japanese are very aware of their heritage and are eager to protect it. The Japanese government encourages universal public participation in supporting and appreciating artistic activities. The most important cultural goods are considered national treasures, which are particularly valuable to the world and to the Japanese nation. These can be works of art such as paintings, sculptures or architectural masterpieces, as well as other forms of artistic expression such as suiseki – art of artistic display of stones, chadō – tea ceremony, ikebana – flower arrangement, and even the artists themselves. The purpose of this article is to outline the Japanese heritage law with respect to protection of archaeological sites; the long history of the island nation means the Japanese archaeologists have plenty of sites to work on. Since 1945, archaeological research has become an important way of constructing the Japanese national identity. While the key goal of archeology in Japan is still about building national identity in relation to the past, there is a noticeable diversity in research goals and methodology used by the current generation of practicing archaeologists.