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1/2026 (12)

2026 Next

Publication date: 28.07.2026

Description
Journal affiliated with the Faculty of Law and Administration, University of Opole.

Published with the financial support of the City of Bydgoszcz.

Cover designed by Morski Studio Graficzne Sp. z o.o.

Licence: CC BY 4.0  licence icon

Editorial team

Editor-in-Chief Alicja Jagielska-Burduk, Anna Koziczak

Deputy Editor-in-Chief Wojciech Szafrański, Andrzej Jakubowski

Issue Editors Alicja Jagielska-Burduk, Andrzej Jakubowski

Issue content

Editorial

Alicja Jagielska-Burduk, Andrzej Jakubowski

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 7-8

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Guest Editorial

Agnieszka Pawłowska-Mainville, Alicja Jagielska-Burduk

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 9-11

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Interview

Darko Kovačević, Andrzej Jakubowski, Alicja Jagielska-Burduk

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 13-28

https://doi.org/10.4467/2450050XSNR.26.003.23700
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General Articles

Hee Sook Lee-Niinioja

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 29-50

https://doi.org/10.4467/2450050XSNR.26.004.23701
Intangible cultural heritage (ICH) is characterized as (i) traditional, contemporary, and living at the same time, (ii) inclusive, (iii) representative, and (iv) community-based. A community is a social unit that shares culture, religion, and identity within physical or virtual spaces and is sustained through membership, influence, reinforcement, and a shared emotional connection. However, in Korea, social relations were historically shaped by a customary system that restricted free interaction between men and women during the Joseon Dynasty (1392–1897). Rooted in Neo-Confucian principles, this system prescribed separate spaces according to marital etiquette and gendered divisions of responsibility, while regulating behaviour through both customary norms and formal legal provisions. The contemporary understanding of inner(內)–outer(外) spatial distinction emerged during the mid-Joseon period, when previously autonomous customs evolved into more formalized regulations, particularly affecting women. As a form of substantive customary law, these norms lacked a codified structure and judicial enforcement, yet remained influential because written laws could not address all aspects of social life. One manifestation of this system was the degree of separation between men’s and women’s spaces, evident in the spatial organization of the traditional Korean house (hanok), where living quarters were divided by a courtyard and women’s mobility was often restricted. Nevertheless, the boundaries between these spheres have become increasingly fluid in modern Korea as a result of democratization, education, gender equality, economic development, and consumer culture. Against this background, the article examines the historical relationship between men and women through the lens of intangible cultural heritage, focusing on the liminality of space rather than providing a comprehensive analysis of Korean customary law. In this context, the Dano Festival serves as an important example of how intangible cultural heritage can transcend spatial and social divisions. As a communal religious and cultural celebration open to all members of society, the festival enables participants, regardless of gender, to share collective memories, emotions, and cultural practices.
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Chao-Shiang Li

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 51-80

https://doi.org/10.4467/2450050XSNR.26.005.23702
This article examines Ang Ku Kueh, or red tortoise cake, as a case through which to consider food-related intangible cultural heritage (ICH) in Taiwan. Drawing on a qualitative documentary and semiotic analysis of scholarly, legal, institutional, and visual sources, it explores how the cake’s ritual uses, sensory qualities, and commercial representations contribute to debates about embodied memory, cultural transmission, and heritagization. The article also considers how existing categories under Taiwan’s Cultural Heritage Preservation Act might accommodate food-related practices, while noting that Ang Ku Kueh is not identified here as a formally registered element. The analysis highlights tensions among ritual continuity, market adaptation, standardization, and community diversity. It further proposes an ICH–Nature–Law model as a heuristic for examining possible relationships among cultural safeguarding, ecological resources, and regulatory systems. Because the study does not include ethnographic fieldwork or a systematic dataset of registrations or producers, its conclusions are interpretive. The case suggests that safeguarding food-related ICH requires attention to embodied practice, community participation, and the legal and material conditions that enable traditions to continue.
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Catherine Virassamy

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 81-100

https://doi.org/10.4467/2450050XSNR.26.006.23703
The Mediterranean landscapes of Corsica and Gard, covered in olive groves and shaped by generations of knowledge, embody a unique balance between cultural heritage and nature. The olive tree, a symbol of resilience and longevity, reflects a rich ecological, landscape, social, and culinary heritage deeply rooted in the history of these territories. The article highlights practices such as the traditional Récolte à l’Ancienne in Corsica and the cultivation and processing of the Picholine variety in Gard, illustrating knowledge systems specific to each region. Based on heritage inventories, field observations, and interviews with olive growers, millers, and local associations, the study explores how these practices have shaped distinctive rural landscapes over centuries. These traditions, aligned with the notion of cultural landscape as defined by UNESCO, testify to the dynamic relationship between communities, their landscapes, and the environment. The olive-growing landscapes of Corsica and Gard are characterized by ancient olive groves, dry-stone terraces, traditional mills, and agro-pastoral practices that contribute to biodiversity conservation and sustainable land management. Practices such as traditional harvesting, intercropping, terrace maintenance, and sheep grazing demonstrate the close interaction between human activities and local ecosystems. They also reflect the transmission of knowledge and skills within families, communities, and professional networks. Although harmonious, these environments are now confronted with challenges such as intensive mechanization, rural depopulation, land abandonment, plant diseases, and climate change. In response, local rural communities are mobilizing to preserve and enhance their olive-growing heritage. The restoration of abandoned olive groves, the conservation of local olive varieties, community initiatives, educational programmes, and agritourism projects play a key role in the sustainable management of these areas. Their commitment illustrates the continuing relevance of traditional knowledge in addressing contemporary environmental challenges and serves as a source of inspiration for rethinking our relationship with nature, cultural heritage, and sustainable rural development while passing this legacy on to future generations.
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Agnieszka Pawłowska-Mainville, Jarosław Pająkowski, Franciszek Chmarzyński

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 101-124

https://doi.org/10.4467/2450050XSNR.26.002.23492
Pine resin harvesting, a traditional practice in Poland, involves carefully stripping a small section of bark to collect raw resin from pine trees. This skill, passed down through generations, has been integral to producing valuable goods such as turpentine, traditional medicine, glue, and other forest-based products. Resin harvesting played an important economic and cultural role in many rural communities, particularly in forested regions where livelihoods were closely connected to the sustainable use of non-timber forest resources. Today, pine resin harvesting is an at-risk element of Poland’s intangible cultural heritage, with only a few remaining practitioners left preserving and transmitting this knowledge. Preserving and revitalizing this practice is essential for its continuity across generations, while conserving the old-growth trees marked by this tradition supports ecological diversity and strengthens the relationship between cultural heritage and the natural environment. This article explores the role of pine resin harvesting in the Lower Vistula River Valley and Tuchola Forest regions of Poland, emphasizing ongoing efforts to document and safeguard its associated knowledge and skills. Drawing on field research, interviews with knowledge holders, and collaboration with forestry institutions, it highlights the importance of intergenerational transmission and community engagement in sustaining this heritage. By situating pine resin harvesting within the context of culturally modified trees, the article demonstrates how resin-harvested pines function as living archives of human interaction with forest ecosystems. These trees provide tangible evidence of historical land-use practices while supporting biodiversity and ecological resilience. The article argues that documenting and recognizing this heritage not only contributes to the revitalization of an at-risk tradition, but also promotes a shift in forestry and conservation practices that acknowledges the interconnections between cultural heritage, ecological stewardship, and biocultural diversity.
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Junjie Su, Yutong Liu

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 125-144

https://doi.org/10.4467/2450050XSNR.26.007.23704
China is one of the few countries in the world to have enacted a standalone national law on intangible cultural heritage (ICH). Unlike the 2003 UNESCO Convention for the Safeguarding of the ICH, neither the term “protection” nor “safeguarding” is used in the title of China’s national ICH Law. According to the Chinese government, the concept of protection is a value-laden term that is “positive” to the inheritance of ICH and is therefore not suitable as an over-arching concept for all ICH elements. It is further argued that while the state “preserves” all ICH elements, it only “protects” those that are officially recognized as reflecting the excellent traditional culture of the Chinese nation and possessing historical, literary, artistic, or scientific value. Nevertheless, the transformative official recognition process since the early 2000s and the diverse uses of ICH in the market in recent years have challenged the concept of protection. The increasing commodification, adaptive use, and digital dissemination of ICH have blurred the distinction between preservation and protection, while creating new practitioners, communities, and forms of heritage value. This article critically analyses the ideology underlying this concept and the value judgments embedded in the Chinese legal context. Following the approach of critical heritage studies, it examines the metacultural production of ICH, the governance of ICH, and the consequences of China’s construction of an official discourse of ICH. The article argues that the authorized heritage discourse embedded in the ICH Law privileges particular understandings of authenticity, value, and national identity, while marginalizing alternative perspectives and practices. It concludes by reflecting on the tensions between official heritage governance and contemporary cultural realities, and suggests the need for a more inclusive approach that places greater emphasis on the rights, agency, and participation of ICH practitioners and communities.
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Mrinalini Atrey

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 145-166

https://doi.org/10.4467/2450050XSNR.26.008.23705
The Tawi River is central to Jammu’s cultural, spiritual, and ecological identity, embodying both tangible and intangible heritage. Revered as a sacred river, it has long served as a focal point for religious practices, community life, and historical development. Its sacred landscapes, historical structures, and religious sites coexist with oral traditions, rituals, festivals, and community narratives, shaping its lasting legacy and reinforcing the cultural identity of local communities. At the same time, the river supports important ecological functions that contribute to the environmental sustainability of the region. However, rapid urbanization, pollution, encroachment, and fragmented conservation policies seriously threaten the river’s heritage values and ecological integrity. The deterioration of water quality, loss of traditional cultural spaces, and insufficient coordination among responsible institutions have increased the vulnerability of both its natural and cultural resources. This article examines the historical, architectural, cultural, and environmental dimensions of the Tawi, analyses the challenges to its preservation, and proposes a strategic heritage management framework for its long-term conservation. Key recommendations include establishing a Tawi Heritage Authority, developing a comprehensive conservation master plan, and implementing community-driven initiatives such as “Tawi Mitra Mandals” to strengthen local participation in heritage stewardship. The article also highlights the importance of enhancing research collaboration among academic institutions, government agencies, and civil society organizations. Integrating sustainable tourism policies, promoting heritage awareness and education, and enforcing heritage-sensitive pollution controls are identified as crucial measures for maintaining the river’s integrity. By fostering institutional coordination, ecological protection, cultural conservation, and community engagement, this integrated approach ensures that the Tawi River remains a living heritage – preserved, valued, and transmitted to future generations while supporting sustainable development in the region.
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Mónica Alcindor

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 167-190

https://doi.org/10.4467/2450050XSNR.26.009.23706
Cultural landscapes embody centuries of human–nature interaction, reflecting the complex relationships between communities, environmental processes, and evolving land-use practices. However, modern regulations often struggle to balance heritage conservation with contemporary sustainability objectives and local development needs. This article examines the Special Territorial Plan for San Fiz de Asma in Ribeira Sacra, Galicia, analysing its approach to land management, landscape structure, and cognitive perception. Particular attention is given to the ways in which the plan seeks to preserve the distinctive character of this historic wine-growing landscape while addressing current environmental and economic challenges. While the plan provides important mechanisms for protecting vineyard terraces, safeguarding landscape values, and regulating development, it also reveals significant limitations. In particular, it restricts local agency and overlooks traditional land-use stewardship practices that have historically shaped the cultural landscape through the integration of vegetation management, microbiota, livestock grazing, and agricultural production. These practices have contributed not only to ecological resilience but also to the transmission of local knowledge and cultural identity. Furthermore, the plan’s emphasis on tourism-led development raises concerns regarding the commodification of heritage and the potential transformation of living cultural landscapes into market-oriented cultural products. The findings highlight the need for more adaptive, participatory, and community-driven policies that bridge formal legal frameworks with the evolving realities of cultural landscapes. Greater recognition of traditional ecological knowledge and local stewardship practices is essential for ensuring long-term sustainability. Ribeira Sacra serves as a case study for broader debates on sustainable heritage governance, emphasizing the necessity of balancing economic viability, environmental resilience, and community participation with cultural continuity in a rapidly changing world.
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Varia

Maciej Adamski

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 191-208

https://doi.org/10.4467/2450050XSNR.26.010.23707
Car brochures constitute a largely overlooked category of automotive ephemera and remain underexplored within heritage and cultural studies. This article proposes a discursive framework for analysing car brochures as material artefacts situated at the intersection of marketing, cultural memory, and the social experience of automobility. Drawing on concepts from cultural anthropology, material culture studies, memory studies, and the sociology of consumption, it examines a sample of nine car brochures published between 1964 and 2018 across different national markets. The article argues that car brochures function not merely as promotional media but also as cultural texts that shape perceptions of the automobile and its users. Through the interaction of visual and textual narratives, brochures construct meanings associated with aesthetics, social status, lifestyle, technological progress, mobility, and belonging. They invite recipients to imagine themselves within particular social worlds and engage in a pre-purchase experience that extends beyond the car’s utilitarian functions. At the same time, brochures contribute to broader processes of ritualization, consumer identity formation, and memory-making. The analysis demonstrates how linguistic registers, visual conventions, and marketing narratives evolved over more than five decades, reflecting changing target audiences, social values, and understandings of motoring culture. Particular attention is paid to the ways in which brochures communicate notions of prestige, gender, national identity, heritage, innovation, and everyday experience. The article further argues that brochures constitute valuable documentary evidence of the cultural history of the automobile and deserve recognition as heritage artefacts in their own right. By developing analytical tools for assessing their cultural and heritage value, the article contributes to emerging scholarship on automotive heritage. It concludes that car brochures should be understood not only as advertising materials but also as collectible objects, memory media, and significant sources for studying the historical cultures of mobility and consumption.
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Hitomi Kimura

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 209-232

https://doi.org/10.4467/2450050XSNR.26.011.23708
This article examines the impacts of climate change – accelerated glacier retreat in particular – on World Heritage Sites in Greenland and the cultural lifeworlds of Indigenous peoples whose identities are inseparable from the land, ice, and water. These environments carry not only ecological value, but also profound spiritual, cosmological, and cultural meanings, forming an integral part of Indigenous knowledge systems, subsistence practices, and societal organization. The analysis focusses on three UNESCO World Heritage Sites: Ilulissat Icefjord; Kujataa Greenland: Norse and Inuit Farming at the Edge of the Ice Cap; and Asivissuit–Nipisat: Inuit Hunting Ground between Ice and Sea. It argues that the conventional nature–culture (biology/culture) dichotomy embedded in heritage governance frameworks is inadequate for understanding and protecting these sites. For Indigenous communities, ecological processes and cultural practices are inseparable, making such distinctions analytically flawed and normatively problematic. Rapid glacier loss destabilizes both the natural and cultural dimensions of Outstanding Universal Value (OUV), undermining the criteria upon which inscription and protection depend. This process exposes a structural and legal disconnect between heritage protection regimes and climate governance systems, highlighting the limitations of regulatory frameworks developed before climate change became a defining condition of heritage itself. Greenland thus provides a paradigmatic case for rethinking heritage governance in the Anthropocene. The article argues that the concept and application of OUV should be made more flexible in future revisions of UNESCO’s Operational Guidelines. It also considers how potential Greenlandic independence may reshape political priorities, raising questions about the long-term sustainability of heritage protection amid competing economic and social demands.
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Serena Sancataldo

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 233-256

https://doi.org/10.4467/2450050XSNR.26.012.23709
This article examines recent developments in provenance research relating to Nazi-looted books and archival materials, a particularly vulnerable category of cultural property. It explores how emerging best practices may be integrated into existing legal and institutional frameworks governing provenance research, cultural heritage protection, and restitution. Particular attention is devoted to the white paper Cultivating Best Practices in Judaica Provenance (2024), which proposes specialized guidelines for the identification, documentation, acquisition, and management of Judaica collections affected by Nazi-era dispossession. The article situates the initiative within the broader international legal framework for the protection of documentary heritage and analyses the historical and methodological challenges associated with provenance research concerning Judaic books, manuscripts, and archives. It evaluates the scope, objectives, and operational design of the proposed guidelines, with particular emphasis on their call for standardized provenance research procedures. While the white paper promotes greater transparency, ethical stewardship, and professional responsibility, significant questions remain regarding the practical implementation of common standards across institutions and jurisdictions characterized by different legal traditions, resources, and capacities. The article further assesses the initiative in light of the Washington Principles on Nazi-Confiscated Art (1998) and subsequent soft-law developments, including the 2024 Best Practices for the Washington Conference Principles. It argues that the white paper represents an important contribution to addressing the distinctive challenges posed by Judaic documentary heritage, while simultaneously revealing the limitations of current approaches to standardization, due diligence, and transnational cooperation. By examining the relationship between soft-law instruments, professional standards, and existing legal frameworks, the article evaluates the potential effectiveness of the proposed guidelines and their capacity to enhance transparency, accountability, and fairness in provenance research and restitution processes concerning Judaica collections.
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Debuts

Francesca Marasi

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 257-288

https://doi.org/10.4467/2450050XSNR.26.013.23710
Offences against cultural heritage are not merely symbolic or cultural harms. They may also entail significant economic consequences and thereby pose tangible risks to the financial interests of the European Union (EU). This article examines these multifaceted impacts, paying particular attention to the role of the European Public Prosecutor’s Office (EPPO) in investigating and prosecuting such offences, as well as the conditions under which they fall within its mandate. The analysis is based on both primary sources – including EU and international legislation, statistical data, and official reports – and secondary sources, such as academic literature, doctrinal studies, and relevant online materials. Building on the findings of the 2021 Interpol Report, which identifies crimes against cultural heritage along with drug and arms trafficking as some of the most profitable criminal activities worldwide, the article explores the European regulatory framework for cultural heritage protection. It further analyses selected criminal phenomena, focusing on their financial dimension and their implications for the EU’s legal and institutional framework. The article argues that, despite the limitations of its mandate, the EPPO constitutes a key actor in addressing the financial aspects of cultural heritage crime. It further contends that stronger coordination between national authorities and EU institutions is necessary to strengthen and better integrate European strategy in this field. Accordingly, the article pursues a twofold objective: firstly, to examine the dual nature of offences against cultural heritage – both criminal and financial – and their implications for the EU’s financial interests and secondly, to assess whether the EPPO’s mandate, cooperation mechanisms, and the broader EU criminal law framework provide adequate tools for the effective prosecution of such offences and the protection of cultural heritage.
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Natalia Deptała

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 289-308

https://doi.org/10.4467/2450050XSNR.26.014.23711
The ongoing debate surrounding amendments to the Polish Act of 23 July 2003 on the Protection and Care of Monuments concerning the regulation of artefact searching reflects broader tensions between public participation in heritage-related activities and the need to ensure effective protection of archaeological resources. While proponents of reform frequently invoke the Portable Antiquities Scheme (PAS) operating in England and Wales as a model for reconciling detectorist activity with heritage protection, the legal assumptions and institutional foundations of this system have rarely been subjected to critical analysis in the Polish context. This article examines the PAS as a distinctive model of cultural heritage governance that combines public participation with legal and administrative oversight. It argues that the PAS should not be understood as a simple liberalization of artefact searching, but rather as an element of a broader regulatory framework comprising statutory provisions, administrative structures, museums, law-enforcement bodies, professional expertise, and voluntary engagement. Particular attention is devoted to the legal framework underpinning the PAS, including the Treasure Act 1996 and its subsequent amendments, the role of Finds Liaison Officers, and the mechanisms designed to encourage the reporting, recording, and responsible management of archaeological finds. The article further considers the ethical dimension of heritage governance through Charlotte Woodhead’s concept of “care”, understood as an approach grounded in dialogue, mutual respect, and shared responsibility for cultural heritage. From this perspective, the effectiveness of the PAS derives not solely from legal regulation, but also from the development of institutionalized forms of cooperation among public authorities, heritage professionals, local communities, and amateur finders. The article concludes that the direct transplantation of the PAS into the Polish legal system is neither feasible nor desirable. Nevertheless, the scheme offers valuable insights into participatory approaches to heritage governance and the integration of amateur finders into broader systems of heritage protection. The principal lesson to be drawn from the PAS lies not in the replication of specific legal mechanisms, but in the creation of institutional conditions that foster cooperation, accountability, and shared responsibility for archaeological heritage.
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Legal Commentaries

Claudia S. Quiñones Vilá, Alicja Jagielska-Burduk, Wojciech Szafrański

Santander Art and Culture Law Review, 1/2026 (12), 2026, pp. 309-337

https://doi.org/10.4467/2450050XSNR.26.001.23362
This article explores the role of ethical codes in the art market as a means of strengthening its integrity, with particular focus on UNESCO’s ongoing revision of the International Code of Ethics for Dealers in Cultural Property. It argues that such codes should be grounded in broad consensus and set high standards of conduct, with adherence serving as a mark of professional excellence. The trade in cultural property is shaped by fragmented national and international legal frameworks, as well as risks such as illicit trafficking, online sales, provenance-related challenges, and anti-money laundering (AML) obligations, making ethical codes an important complement to this legal ecosystem. In this context, ethical standards can help bridge gaps between law and market practice, encourage responsible conduct, and promote greater transparency and accountability among art market participants. The article traces the history of the UNESCO code from its roots in the 1970 UNESCO Convention and its adoption in 1999 to the current revision process, which has involved extensive consultations with Member States, market participants, professional associations, and experts to ensure that the instrument is both ambitious and practically workable. The article pays particular attention to evolving expectations regarding due diligence, provenance research, cooperation with public authorities, and the prevention of the illicit trade in cultural property. It further analyses the revised draft’s key innovations, including its broader scope, updated terminology, and mechanisms designed to promote voluntary compliance and professional recognition for traders adhering to its principles. It concludes that the revised code aspires to become an influential instrument for promoting higher standards, strengthening trust in the legitimate art market, and encouraging cooperation between art market participants and public authorities in the protection of cultural heritage, while reinforcing the complementary relationship between ethical self-regulation and existing legal frameworks.
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Funding information

Published with the financial support of the City of Bydgoszcz.