Higher education – a factor in sustainable regional development

2017

The Implementation of the Services Directive in Poland

2012

P. Malinowski University of Opole, Opole, Poland e-mail: wpia@uni.opole.pl 1 Official Gazette [Dziennik Ustaw RP] 2010, No. 47, item 278. All relevant laws are available online at http://isip.sejm.gov.pl (Polish versions only). The draft with explanation of motives is available at http://orka.sejm.gov.pl/proc6.nsf/opisy/2590.htm and at http://bip.mg.gov.pl/Projek towane+akty+normatywne/Dzialalnosc+gospodarcza, visited 20 July 2010. 2 For a general overview of the Act see Adamska (2010), p. 85 et seq.

Digital Restitution of Cultural Goods: In Search of a Working Model

2023

AbstractThe paper deals with the problem of digital restitution of art to post-colonial and postdependency countries. A new model of digital restitution composed of two elements: creation of a digital copy with a NFT attached and creation of new property right in a physical and digital object has been proposed. A system of balances between the rights and duties based on the prior user concept has been developed.

Best of the best of the best? How international are top international law journals really?

2022

This paper reports a pilot study on publication patterns in the twelve top international, single-subject law journals. It has been found that these journals almost exclusively publish US law school-affiliated authors, with foreign-based lawyers authoring less than 5% of all the papers published in these journals. This outcome contrasts heavily with the outcomes for the control group of multidisciplinary science journals, where authorship distribution conformed with the number of scientists working in three macro-regions (US, EU, and China). The results of this study indicate that law journals are most probably jurisdiction-focused, and the number of citations relies more on the size of a ju…

Transnational Religious Practices as a UNESCO Intangible Cultural Heritage: The Complex Case of the Traditional Latin Mass

2023

The 2003 UNESCO Convention definition of intangible cultural heritage (ICH) covers religious practices and rites, as can be seen from normative descriptions and dozens of actual examples, many of which are Catholic religious traditions. The Traditional Latin Mass (TLM), practiced in one form or another for over 1500 years by an ever-increasing number of peoples and nations and in possession of a common stable set of rules, meets the UNESCO criteria for listing as ICH; in fact, it is arguably the best possible example. It is also a complicated one. After the Catholic Church’s liturgical reform in the 1960s and 1970s, new rites were introduced and the old rites were officially abandoned; neve…

Cultural Heritage Education in UNESCO Cultural Conventions

2021

The aim of the article is to analyse UNESCO conventions dealing with culture and assess the visibility and importance of cultural heritage education in these conventions and their implementation. First, it briefly presents the role of UNESCO in the area of culture and education, together with the UN Agenda 2030 and the challenges faced currently. Next, it discusses the existing UNESCO cultural conventions and their educational dimension with reference to the conventions’ provisions and aims. Each convention refers to education in the activities undertaken by States Parties, providing various tools and measures tailored to the scope of the convention. The article concludes that despite a lac…

EU Cultural Security Law in an Educational Context

2021

Cultural security is a comprehensive notion that has gained much attention in the recent cultural heritage debates. In terms of the EU, it encapsulates cultural heritage destruction and protection in armed conflicts, post-war cultural heritage management, restitution, illicit traffic of cultural property, cultural diversity, and intercultural dialogue. The article aims to present how cultural security matters appear in the EU legal system and policy. The authors argue that cultural security is present in different policies regarding cultural property and the fight against illicit trafficking, as well as in EU external cultural relations. Digitization in the cultural sector constitutes a cha…

Revista electrónica interuniversitaria de formación del profesorado

2019

Abstract
 This article presents the Council of Europe’s educational policy, indicating its major milestones and characteristics when it comes to issues of cultural heritage. First it offers an analysis of the strategic documents (i.e. recommendation No. R (98) 5 of the committee of ministers to member states concerning heritage education and conventions, with emphasis on the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Faro Convention). The notion of a common European Cultural Heritage as a shared and non-renewable resource is presented in the human rights approach to cultural heritage. The article pays special attention to intercultural dialogu…

Defining “National Treasures” in the European Union. Is the Sky Really the Limit?

2019

The main objective of this article is to analyse the scope of EU Member States’ right to determine national treasures for the purpose of Directive 2014/60/EU on the return of cultural objects. While investigating the issue at the EU, human rights, and constitutional levels, the authors argue that the right to define what constitutes national treasures is not an absolute right. The definition of this particular category of cultural objects cannot be used to circumvent the rules on the free movement of goods and to hamper this freedom in an unjustifiable and arbitrary manner. On the human rights and constitutional levels, Member States’ right cannot interfere with the right to enjoy one’s pos…

Patrimonio Cultural y Política Educativa del Consejo de Europa: ¿Preservando la identidad y buscando un núcleo central?

2019

This article presents the Council of Europe’s educational policy, indicating its major milestones and characteristics when it comes to issues of cultural heritage. First it offers an analysis of the strategic documents (i.e. recommendation No. R (98) 5 of the committee of ministers to member states concerning heritage education and conventions, with emphasis on the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Faro Convention). The notion of a common European Cultural Heritage as a shared and non-­‐renewable resource is presented in the human rights approach to cultural heritage. The article pays special attention to intercultural dialogue and how it …