scholarly journals “Narrative Museums” and Curators’ Rights: The Protection of a Museum Exhibition and Its Scenario under Polish Law

2020 ◽  
pp. 151-176
Author(s):  
Alicja Jagielska-Burduk ◽  
Andrzej Jakubowski
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Second World War ◽  
Moral Rights ◽  
Legal Questions ◽  
Cultural Experiences ◽  
Museum Exhibitions ◽  
Polish Law ◽  
Second World

Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the permanent exhibition of the Museum of the Second World War in Gdansk (MWII), this article examines the scope of copyright protection in new, so-called, “narrative” museums under Polish law. First it briefly scrutinizes main facts and circumstances of this case. Secondly, it discusses the current legal framework on the copyright protection of museum exhibitions under Polish law. Next, in light of the judgment rendered in the MWII case, the standard of legal protection of moral interests resulting from a museum exhibition’s design and its scenario (script) is explored. Finally, the article concludes with a set of observations concerning the extent to which copyright law may serve as a tool for protecting the integrity of museum exhibitions and their original conceptual design.

The European Union and Diplomatic Law

2017 ◽  
Author(s):  
Graham Butler
Keyword(s):  
European Union ◽  
External Action ◽  
Legal Framework ◽  
Second World War ◽  
First Century ◽  
The European Union ◽  
Nation States ◽  
Supranational Institutions ◽  
Second World ◽  
The Eu

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.

Part I Historical Overview, Ch.2 Intellectual Cooperation Organisation, Unesco, And The Culture Conventions

2020 ◽  
Author(s):  
Vrdoljak Ana Filipa ◽  
Meskell Lynn
Keyword(s):  
Twentieth Century ◽  
Cultural Heritage ◽  
Legal Protection ◽  
Second World War ◽  
League Of Nations ◽  
Historical Overview ◽  
World War ◽  
Cultural Field ◽  
Adoption And Implementation ◽  
Second World

This chapter provides an overview of multilateral interventions in the field of cultural heritage and its legal protection over the last century by focusing on the work of specialist cultural international organizations that have spearheaded the adoption and implementation of the leading treaties. The first part examines the early work of the League of Nations’ Intellectual Cooperation Organisation from the 1920s to the Second World War. The second part considers the work of its successor, UNESCO from the mid-twentieth century to the present day. The concluding observations consider the challenges which both organizations faced in realizing their mission in the cultural field. A deeper understanding of the ideals, challenges, and tensions which have marked the internal workings of UNESCO, its forerunner, and their Members States is fundamental to appreciating the instruments and initiatives in the cultural field that they adopted and seek to implement.

Victims' Rights Overview under the ICC Legal Framework: A Jurisprudential Analysis

2007 ◽  
Vol 7 (2-3) ◽  
pp. 531-547 ◽  
Author(s):  
Gioia Greco
Keyword(s):  
Rome Statute ◽  
Legal Framework ◽  
Second World War ◽  
International Level ◽  
World War ◽  
Victim Status ◽  
Wide Range ◽  
History Of ◽  
Compensation Claims ◽  
Second World

AbstractVictims' role in trials gained greater relevance over the span of the history of domestic legal systems. Even so, it was only after the Second World War that compensation claims enhanced the crescendo of victims' rights recognized at international level. The ICC legal framework stands out as a glaring achievement in the international field. In fact, the Rome Statute grants to victims a wide range of rights starting from the pretrial stage throughout the trial. The protection and involvement of victims in trials reflects not only procedural fairness but also takes into consideration victims' needs and claims for justice. Beginning from a teleological approach, this paper illustrates the victims' rights under the Rome Statute. Particularly, it analyzes the Court's jurisprudential interpretation of the underpinning criteria for victim status and the rights of participation and to justice as illustrated in the Lubanga case.

scholarly journals THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

2018 ◽  
pp. 43-60
Author(s):  
GERMANA AGUIAR RIBEIRO DO NASCIMENTO
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Second World War ◽  
Universal Declaration ◽  
Standard Of Living ◽  
Social Rights ◽  
Political Rights ◽  
Protection Of Human Rights ◽  
The Right ◽  
Second World

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.

scholarly journals Siege Memory – Besieged Memory? Heroism and Suffering in St Petersburg Museums dedicated to the Siege of Leningrad

2017 ◽  
Vol 14 (3) ◽  
pp. 412-430 ◽  
Author(s):  
Yvonne Porzgen
Keyword(s):  
Soviet Union ◽  
Former Soviet Union ◽  
Second World War ◽  
World War ◽  
Critical View ◽  
Museum Exhibitions ◽  
Definition Of ◽  
Memorial Sites ◽  
War Commemoration ◽  
Second World

The official Soviet narrative of the Second World War used the concept of heroism to imbue war commemoration with an obligation towards the state. Such a concept was designed to make subsequent generations feel inferior to their predecessors and obliged to give of their best. Today, the victory serves as the strongest connection between Soviet and modern Russian patriotism. The paper argues that the memory of the Siege of Leningrad (1941-1944) as treated in museums in St Petersburg today is an appropriation by present-day Russian propaganda of the Soviet narrative. Soviet memorial sites are developed to foster support for Russia rather than the former Soviet Union. While the use of the heroic paradigm continues, the definition of heroism has changed to include each and everybody who suffered during the Siege. With collective heroism as the leading image, a critical view of the historic events becomes all but impossible. The paper makes references to the alternative narratives of literature, memoirs and diaries to contrast the version of the Siege presented in the museum exhibitions.

scholarly journals Udlevering af lovovertrædere – en retshistorisk undersøgelse af retsgrundlaget og nogle statsretlige overvejelser

2017 ◽  
Vol 104 (3) ◽  
pp. 289-317
Author(s):  
Ole Terkelsen
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Legal Basis ◽  
Legal Questions ◽  
The 1960S ◽  
Principle Of Legality

This article examines the legal framework for Danish extradition as practiced prior to the first extradition acts from the 1960s. First, the article describes the development of international extradition law from a Danish perspective. Agreementsregarding extradition can be found in Danish treaties dating back several hundred years. Second, the article analyses the Danish legal basis of extradition. The lack of legislation until the 1960s has often been criticized by legal scholars,but the topic has not been studied in depth before. The early Danish extradition practice raises fundamental legal questions regarding inter alia the legal protection of foreigners in Denmark, the scope of the principle of legality, and the interpretation of the provisions of the Danish constitution relating to the deprivation of liberty.

The Copyrightability of Opera Direction

2021 ◽  
Author(s):  
Vincenzo Iaia
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Copyright Law ◽  
The Other ◽  
Eu Law ◽  
Eu Member States ◽  
Dramatic Text ◽  
Creative Contribution ◽  
Consistent Solution

Abstract A judgment of the Italian Court of Cassation – No. 17565 of 18 June 2021 – offers an opportunity to investigate the legal protection options applicable to the direction of opera. As this issue is not addressed by EU law, EU Member States have adopted different approaches, from awarding copyright, to neighboring rights, to a mixture of the two. This opinion aims at finding the most consistent solution within the Italian legal framework. After an assessment of the alternative legal options, it argues that opera direction should be eligible for copyright protection via an analogical application of Art. 44 of the Italian copyright law, which indirectly includes cinematic direction within the area of copyrightable works. This conclusion is based on the fact that there are no substantial differences between the two types of direction justifying a diverse treatment. Otherwise, it would result in blatant and unsubstantiated discrimination because both categories of directors set out to convert a text – the dramatic text or the film script – to the medium of theatre or film respectively. Finally, this opinion suggests that even if the other creative roles involved in opera making are not addressed by the law, they too should qualify as co-authors if they make a creative contribution.

scholarly journals The Royal Commission on Espionage and the Spy Trials of 1946-9: A Case Study in Parliamentary Supremacy

2006 ◽  
Vol 11 (1) ◽  
pp. 151-172
Author(s):  
Dominique Clément
Keyword(s):  
Civil Liberties ◽  
Legal Protection ◽  
Second World War ◽  
Royal Commission ◽  
Canadian History ◽  
World War ◽  
Parliamentary Supremacy ◽  
The Relationship ◽  
Second World

Abstract Through an examination of the 1946 Royal Commission on Espionage, this paper explores the relationship between Parliamentary supremacy and the civil liberties movement in the period immediately after the Second World War. The commission was formed in late 1945 in response to the defection of Russian cipher clerk Igor Gouzenko, and investigated the existence of a Russian-led spy ring that had recruited several Canadian civil servants. The commission is unique in Canadian history because it was empowered under the War Measures Act, which granted the commission enormous powers. In examining the legal debate surrounding the extreme measures used by this commission, this paper attempts to offer a few answers to some important questions about Canadian civil liberties. What were the consequences of the commission's actions? Do Canadians accept the argument that a government can violate individual liberties to protect the integrity of the state? The Royal Commission on Espionage played a central role in stimulating debate over the need to develop greater legal protection for individual rights against state abuse in Canada.

Adrift

2021 ◽  
pp. 91-117
Author(s):  
David Bosco
Keyword(s):  
Soviet Union ◽  
The United States ◽  
Legal Framework ◽  
Second World War ◽  
World War ◽  
Fishing Rights ◽  
The West ◽  
Rachel Carson ◽  
The Soviet Union ◽  
Second World

The years following the Second World War saw dramatic national expansion into the ocean. The United States began the process in 1945 by claiming the continental shelf and expanded fishing rights. Other countries followed suit, sometimes with even more ambitious claims. New concerns about overfishing motivated many countries to expand their national waters. National pressure on freedom of the seas combined with a conceptual challenge as newly independent countries argued that the doctrine had aided colonialism by the West. On the environmental front, figures like Rachel Carson warned about the damage humans were inflicting on the oceans. Meanwhile, ocean commerce went through a revolution prompted by the development of container shipping. The Soviet Union became a major maritime power, a transformation that would have major implications for the effort to provide a new legal framework for the oceans.

The Development of International Criminal-Law Rules and Some Legal Problems of Bringing to Justice the War Criminals of the Second World War

2019 ◽  
pp. 48-54
Author(s):  
Ruslan Sednev ◽  
Evgeny Shatalov
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Legal Protection ◽  
Second World War ◽  
International Criminal Law ◽  
Criminal Prosecution ◽  
World War ◽  
War Criminals ◽  
Legitimate Interests ◽  
Second World

The authors highlight the problems of qualifying the wrongful acts of Nazi criminals through the lens of modern ideas of crimes and the principles of international law. The study used formal logical and comparative methods, the method of structural analysis. The subjects of analysis are statements, notes, directives, orders and other documents of the USSR, instructions of the German command, as well as some international documents. The authors state that the legislative technique of the documents under consideration was imperfect, but nevertheless they laid the foundation for development of international criminal law. It is indicated that the territorial principle of jurisdiction was in force for the war crimes of the Second World War. The quotations from declassified orders and directives are given, and a conclusion is drawn that it is possible to extend the approach to understanding the subject of international criminal prosecution, up to political and state institutions. Some legal peculiarities of the Nuremberg trial were also considered, concerning, in particular, the extradition of war criminals and the methods of their legal protection. It is noted that despite the significant doubts of German lawyers in the fairness of the trial, the rights and legitimate interests of the accused and suspects were fully respected.

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