Andrzej Jakubowski - Böcker

The illicit traffic in cultural objects is a grave concern to the general public and international community. The resulting cultural damage fuels debates on how best to regulate the trade in cultural objects and inform legal responses at all levels for the protection of movable cultural heritage. Treaties concerning the treatment of cultural objects during peacetime and war represent some of the earliest multilateral initiatives on cultural heritage in the modern era. They also remain some of the most deeply contested, representing shifting fault lines within the international community.Authored by leading scholars and practitioners from around the world, this Commentary is the first to cover the two leading multilateral treaties on movable cultural heritage in one volume: the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by UNESCO in 1970 and the Convention on Stolen or Illegally Exported Cultural Objects adopted by UNIDROIT in 1995.This Commentary is designed to be the authoritative text for academics, lawyers, policymakers, and diplomats on the protection and regulation of cultural objects. Encompassing both public and private international law rules on the trade in cultural objects, it provides a detailed historical and thematic overview. Drawing on the travaux preparatoires and intergovernmental and state practice over the last half century, the Commentary provides an article-by-article analysis of the interpretation and application of these treaties. The texts 1970 UNESCO and 1995 UNIDROIT Conventions are examined in the working context of other culture conventions including the World Heritage Convention and the Intangible Heritage Convention, as well as related fields of international law, such as international humanitarian law, international criminal law, human rights law, and international economic law. The volume also offers a critical examination of current trends and future directions which are informing the field.

The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency.This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states. The book has been awarded Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. On 24 November 2016, the book State Succession in Cultural Property by Andrzej Jakubowski was awarded the Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts.

The strengthening of relations between Poland and Ukraine over the last 25 years is one of the most positive examples of transformations in bilateral relations in Central and Eastern Europe. In spite of the complex and difficult historical heritage dominated by the events of the World War II and the first few years that followed, after the fall of Communism in Poland and Ukraine, bilateral institutional cooperation was successfully undertaken, and mutual social contacts were recreated.The issue of Polish-Ukrainian relations at the international and trans-border level gained particular importance at the moment of expansion of the European Union to the east, and announcement of the assumptions of the European Neighbourhood Policy in 2004. Since then, relations have continued to thrive and provide a blueprint for cross-border relations in other parts of the EU. In this book the authors examine the issue of cooperation and cross-border relations on the new external border of the EU. The book’s primary objective is to present the way in which the Polish and Ukrainian parties develop the bilateral cooperation, adapting to the changing geopolitical conditions, and responding to the related challenges. The chapters offer a comprehensive diagnosis of the conditions determining the current and future state of Polish-Ukrainian cross-border cooperation and describe the area as a social, economic, and political space.The EU’s New Borderland will be of interest to university students of international relations, geography, economy, or history as well as those willing to expand their knowledge in the scope of regional geography, European integration, cross-border cooperation, and international relations.

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation.This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

This book examines how cross-border mobility across the eastern border of Poland with Russia, Belarus and Ukraine, driven by external shocks, influences different territorial units.It offers a new understanding of the determinants, dynamics, spatial distribution and impact on such mobility in times of upheaval and uncertainty. It provides answers to the following questions: how do the different types of flows of people evolve under various external shocks?; to what extent is cross-border mobility resilient to these shocks in terms of the intensity of flows, their volume and the directions of linkages?; how do rapid and unexpected changes in cross-border mobility affect the performance of national, regional and local social and economic systems?; and to what extent and how does cross-border mobility as triggered by external shocks reinforce, deepen or alter existing spatial regularities and differentiations? Referring to current events such as the COVID-19 pandemic and the war in Ukraine, the book presents evidence of their implications on cross-border mobility, illuminating policy responses with a view to potential future crises. Further, it draws attention to the territorial aspects of changes in the patterns of cross-border population flows that provide a rationale for the territorialisation of relevant policies.Due to its interdisciplinary character, including issues in the scope of regional economics, human geography and international relations, the book is a timely, valid and unique publication, which will appeal to a broad group of specialists: scholars, researchers and policymakers, as well as decision-makers interested in the socio-economic and political situation in Central and Eastern Europe, particularly on the external border of the European Union.

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation.This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

The strengthening of relations between Poland and Ukraine over the last 25 years is one of the most positive examples of transformations in bilateral relations in Central and Eastern Europe. In spite of the complex and difficult historical heritage dominated by the events of the World War II and the first few years that followed, after the fall of Communism in Poland and Ukraine, bilateral institutional cooperation was successfully undertaken, and mutual social contacts were recreated.The issue of Polish-Ukrainian relations at the international and trans-border level gained particular importance at the moment of expansion of the European Union to the east, and announcement of the assumptions of the European Neighbourhood Policy in 2004. Since then, relations have continued to thrive and provide a blueprint for cross-border relations in other parts of the EU. In this book the authors examine the issue of cooperation and cross-border relations on the new external border of the EU. The book’s primary objective is to present the way in which the Polish and Ukrainian parties develop the bilateral cooperation, adapting to the changing geopolitical conditions, and responding to the related challenges. The chapters offer a comprehensive diagnosis of the conditions determining the current and future state of Polish-Ukrainian cross-border cooperation and describe the area as a social, economic, and political space.The EU’s New Borderland will be of interest to university students of international relations, geography, economy, or history as well as those willing to expand their knowledge in the scope of regional geography, European integration, cross-border cooperation, and international relations.

This book queries, through the prism of the Convention for the Protection and the Promotion of the Diversity of Cultural Expressions (the Convention), the ways in which the processes and substance of international law-making have shifted in response to new technologies and new actors. The essays, written by recognised experts in the field, engage deeply with the practice under the Convention. The 4 parts examine: the rise of new actors and their impact on the Convention’s law-making and implementation; the specific implementation of Article 21; the role of cultural communities in promoting diversity of cultural expressions; and the effectiveness and coherence of the Convention. Scholars and practitioners in the field of international law of culture and international cultural cooperation will welcome this fascinating new book.

This book queries, through the prism of the Convention for the Protection and the Promotion of the Diversity of Cultural Expressions (the Convention), the ways in which the processes and substance of international law-making have shifted in response to new technologies and new actors. The essays, written by recognised experts in the field, engage deeply with the practice under the Convention. The 4 parts examine: the rise of new actors and their impact on the Convention’s law-making and implementation; the specific implementation of Article 21; the role of cultural communities in promoting diversity of cultural expressions; and the effectiveness and coherence of the Convention. Scholars and practitioners in the field of international law of culture and international cultural cooperation will welcome this fascinating new book.

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.