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Publication date: 2022

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Editorial team

Volume Editor Alicja Jagielska-Burduk

Issue content

Alicja Jagielska-Burduk

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 9-16

https://doi.org/10.4467/2450050XSNR.22.007.16397

The UNESCO Chairs and UNITWIN Networks are recognized as UNESCO’s “extended family” (Doc. 207 EX/11) and their membership brings a wealth of knowledge and expertise to UNESCO Programmes, while serving as an important dimension of UNESCO’s comparative advantage for other potential partners. The UNESCO Chairs Programme celebrates its 30th anniversary this year. The main celebrations for this achievement will be held in Paris in November 2022. The international conference is organized by UNESCO with the support of the French national commission for UNESCO. At the national level, more events will be held online and in person.

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Wojciech Kowalski

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 17-40

https://doi.org/10.4467/2450050XSNR.22.004.16394

In this article, the author argues that the 2001 UNESCO Convention introduced for the first time in the evolution of the law of the sea more radical solutions aimed at the protection of underwater heritage. One of them is a far-reaching limitation of the legal possibility to recover cultural heritage objects from international waters. According to the Convention’s provisions, such an option will constitute merely an exception to the general principle of their preservation in situ, i.e. the place where they have been located for at least 100 years. Recovery is acceptable only on the condition that leaving these objects in the sea will not fulfill the objectives of the Convention and will bring about detrimental effects in practice. It is also possible for the purpose of scientific studies. In all such cases, the methods and techniques used must be as non-destructive as possible and recovered objects shall be deposited, conserved and managed in a manner that ensures their long-term future preservation. At the legal level, they receive the special status of res extra commercium, which means they shall not be traded, sold, bought or bartered as commercial goods. The author ends his article concluding that measures of prevention and sanctions adopted in the Convention also demonstrate its strength and positive development, especially in comparison with the previous legal situation. Their enforcement provides a real chance that the principles of the Convention will be followed properly by States to ensure and strengthen the protection of underwater cultural heritage and will help stop the unauthorized exploitation of historical wrecks.

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Dariusz Rafał Bugajski

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 41-60

https://doi.org/10.4467/2450050XSNR.22.001.16391

Almost immediately after the Titanic sank on 15 April 1912, proposals were advanced to salvage the ship from her resting place. The wreck was ultimately discovered on 1 September 1985. This article will discuss the application of the 1982 UN Law of the Sea Convention and the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage and the development of the law of salvage through orders of the courts with respect to the protection of the wreck of the RMS Titanic and her artifacts. The paper will discuss the matter of ownership and other legal titles to such property. The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage applies to all traces of human existence having a cultural, historical or archaeological character which have been submerged for at least 100 years. Thus, 15 April 2012 marks the moment when the Titanic wreckage became protected under this Convention. The Titanic lies currently in international waters, outside of the exclusive jurisdiction of any State. Legal jurisdiction over the seabed may change when Canada extends its Continental Shelf under the 1982 UN Law of the Sea Convention.

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Alicja Jagielska-Burduk, Joanna Markiewicz

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 61-76

https://doi.org/10.4467/2450050XSNR.22.002.16392

Museum inventories and inventorying of collections in light of the UNESCO legal framework Summary: This article presents the problem of inventories in museums and inventories of collections in light of the UNESCO normative legal framework in cultural conventions and soft law (UNESCO recommendations). The authors aim to present issues related to the implementation of the UNESCO 1970 Convention, UNESCO’s recommendations for museums, and the importance of the inventory of cultural property in the fight against illicit trafficking of movable objects. Given new challenges, including recent armed conflicts, the inventorying of cultural property is particularly important in this context. It also constitutes an essential element in the protection system at the national and international levels. UNESCO’s planned projects to provide further support for inventories, such as a practical guide on inventories and illicit trafficking of cultural property, are highly relevant and welcomed.

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Marta Woźniak

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 77-94

https://doi.org/10.4467/2450050XSNR.22.008.16398

The aim of this article is to address how the European Landscape Convention (ELC) defines the cultural landscape, and what tools the former provides for the latter’s protection. It is also crucial to determine, from the viewpoint of the Polish legal order, how the legislator implements the protection of the cultural landscape into national law. The general thesis of the article is that the ELC creates an integrated model of landscape protection in which the cultural landscape is considered an intrinsic component. The general thesis is accompanied by a detailed thesis that the ELC does not independently create an optimal level of protection for the cultural landscape, but rather shapes the direction that this protection will take. The ELC also defines the cultural landscape, including the mutual relations between natural and cultural values, as well as the perception of the landscape by people. The basic link for the protection of the cultural landscape in Poland is the municipality, which – with the help of planning and spatial development instruments – can directly affect the quality of the landscape. Legal tools for the protection of the cultural landscape should also be pursued in the matter of monument protection.

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Debutes

Marcel Krzanowski

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 95-114

https://doi.org/10.4467/2450050XSNR.22.005.16395

The evolution of distributed generation involves advantages related to the reduction of gaseous emissions as well as numerous threats. Implementing photovoltaics (PV) on historic buildings is one of them. Legal frameworks in Poland are favorable to PV; however, the projets themselves are not always the best solutions for monumental objects. Considering the legal role of provincial and local government conservators, the paper demonstrates perspectives for the development of a relation between PV and historic buildings. Conservators face enormous challenges in reconciling social expectations related to climate change and the protection of cultural heritage.

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Weronika Łubian

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 115-132

https://doi.org/10.4467/2450050XSNR.22.006.16396

This article provides an exposition of two approaches to the integrity of cultural heritage: cultural nationalism and cultural internationalism. The controversy over the Parthenon Marbles between Greece and the United Kingdom illustrates this issue. The dispute has no resolution within the bounds of current legal norms. Furthermore, the international community has not yet reached a consensus on the legal, ethical, historical, and cultural bases upon which the issue could be resolved. Direct negotiations between the two interested parties could potentially provide the optimal path to a resolution, yet they require goodwill from both sides. In the event of a prolonged impasse in the negotiations, an intervention by the Intergovernmental Committee for Promoting the Return of Cultural Property (ICPRCP) may be useful.

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ZAGROŻENIA DZIEDZICTWA KULTUROWEGO NA ŚWIECIE

Olgierd Jakubowski

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 133-152

https://doi.org/10.4467/2450050XSNR.22.003.16393

There are a variety of methods that may be used in the analysis of crimes against cultural heritage which allow us to determine the level of risk that is posed. A comprehensive study covering all instances of crime against cultural goods during the space of one year allows us to note tendencies in criminals’ behaviour and helps develop methods to counteract similar crimes in the future. The threat of crime to cultural heritage is influenced by specific events that affect the level of security in the state. Certain factors that should be taken into account when analyzing the phenomenon of crime against cultural heritage in 2020 include threats arising from the COVID-19 pandemic or social unrest.

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WYDARZENIA

Agnieszka Plata

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 153-155

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KOMENTARZE

Katarzyna Zalasińska

Santander Art and Culture Law Review, 1/2022 (8), 2022, pp. 170-184

https://doi.org/10.4467/2450050XSNR.22.009.16814

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.

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