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Lucas Lixinski

Biographic Data

ID187620
NAMELucas Lixinski
GIVEN NAMESLucas
FAMILY NAMELixinski
SIGNATURELIXINSKI L
AFFILIATIONSUNSW Sydney
ORCID0000-0002-5218-4636
VERIFIEDYes
TOTAL WORKS26
TOTAL CITATIONS88
AUTHOR COUNT26
EDITOR COUNT0
FIRST PUBLICATION YEAR2010
LATEST PUBLICATION YEAR2024
H-INDEX5
  • On the Cultural Stakes of Deep Seabed Mining

    Open Access•Julian Arato, Aline Jaeckel et al.•ARTICLE•AJIL Unbound•2024

    Ownership over the deep seabed and its mineral riches was unsettled until well into the twentieth century. Yet, by the 1960s, a remarkable spirit of universalism prevailed. States declared the deep seabed to be the common heritage of [hu]mankind, determining that its exploitation and protection would require collective management. The seabed beyond national jurisdiction (or, the “Area”) 1 spans roughly half of the surface of the Earth. It contain…

  • Integrating Culture, Heritage, and Identity in Deep Seabed Mining Regulation

    Open Access•Lucas Lixinski•ARTICLE•AJIL Unbound•2024

    Ongoing deep seabed mining negotiations evoke two competing visions of the ocean: as a vast (social) emptiness rich in wealth for the taking; or as a place where deep human connections exist despite arbitrary lines drawn to distribute states’ legal authority over it. The first tends to be the prevailing view, and the second is a challenger grounded on culture and identity. In this essay, I wish to unpack the roles of traditional knowledge and cul…

  • Indigeneity at the 1948 Bogotá Conference

    Lucas Lixinski•ARTICLE•Journal of the History of…•2024•References: 3

    The article examines the history and legacy of the Bogotá diplomatic conference of 1948 in relation to Indigenous peoples. Indigenous voices were entirely absent from the Bogotá conference itself, and delegates relied instead on certain assumptions and narratives largely drawn from the Indigenismo movement in the Americas at the time. In considering Indigenous peoples as part of a broader social agenda, delegates confronted the legacies of coloni…

  • A Resiliência da Identidade: Indigenato e a Virada Histórica no Direito Internacional

    Open Access•Lucas Lixinski•ARTICLE•Revista Brasileira de História &…•2024•References: 31

    Neste artigo, eu discuto a falta de narrativas centradas na perspectiva indígena na virada histórica no direito internacional. Considerando-se que um dos principais usos políticos desta virada histórica visa desfazer os danos dos encontros coloniais (como nas Abordagens Terceiro-Mundistas de Direito Internacional, por exemplo), é um tanto quanto consternante que frequentemente, e particularmente em contextos indígenas, estes encontros ainda são c…

  • Advancing critical heritage studies: The Next 10 Years

    Lucas Lixinski, Trinidad Rico et al.•ARTICLE•International Journal of Heritage…•2024

    Advancing Critical Heritage Studies: the Next 10 Years, which focuses on the growth of the Association of Critical Heritage Studies (ACHS) since 2012, and the development of and challenges facing critical heritage studies in general. The special issue is a collection of short articles that, rather than present academic debates written in expected academic uses and conventions, offers a glimpse into the discussions that define the growing field of…

  • Pierre Lalive and John Henry Merryman, Fellows in Art and Cultural Heritage Law - Where Are They Now

    Open Access•Adnan Almohamad, Tamás Szabados et al.•ARTICLE•International Journal of Cultural…•2024•References: 3

    The International Journal of Cultural Property (IJCP) is proud to award yearly the Pierre Lalive and John Henry Merryman Fellowship in Art and Cultural Heritage Law, hosted by the International Cultural Property Society and the Art-Law Centre of the University of Geneva

  • The legal limits of decolonizing heritage: Emancipation, the nation-state, and racial capitalism in Brazil

    Open Access•Lucas Lixinski•ARTICLE•American Anthropologist•2024•Cited by: 1•References: 3

    Cultural heritage law and processes, it is widely known, authorize certain forms of identity that are more often than not aligned with a national project (Lowenthal, 1998). What happens, however, when the national project turns away from being one of harmony and continuity with the past (as is still the case in many countries, most notably China, as Bideau and Bugnon show in this collection), and becomes about a break with—or at least renegotiati…

  • Writing a Transnational (Global?) History of Extradition Law in the Short Twentieth Century: Beyond Western-Centric Approaches

    Pablo Del Hierro, Lucas Lixinski•ARTICLE•Journal of the History of…•2023•References: 13

    The article examines the history of extradition in the twentieth century, to call for a broader engagement with extradition law not only as an under-explored chapter in international law in its own right, but also as a pathway to think more deeply about world-ruling projects. Extradition law, normally thought of as primarily bilateral, in fact has a long and rich history of multilateral engagement. This tension between multilateralism and bilater…

  • Cultural heritage and interculturality: A Call to Action

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Heritage…•2023•Cited by: 2•References: 29

    This article explores the possible relationships between critical heritage studies and interculturality. It argues that interculturality offers a call to action and normative commitments that is welcome to advance critical heritage studies. The article examines the intersections across the two fields using the ideas of normative engagement, status of the two fields in liberal political discourse, and the notions of recognition and redistribution …

  • Excavating the field of heritage law: Support, Renewal, and Iconoclasm

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Cultural…•2023•References: 39

    This article maps the field of cultural heritage law, arguing for the need for its renewal, even if at the cost of some iconoclasm of notions we hold dear in our conceptual thinking about heritage. The article pursues this thesis by excavating a conceptual archaeology (broadly in the Foucauldian sense) of four key assumptions or conceptual pillars of cultural heritage law, which are the assumption of inherent value of cultural heritage; the pilla…

  • Against authenticity

    Lucas Lixinski•ARTICLE•International Journal of Heritage…•2022•Cited by: 7•References: 51

    Authenticity has long been a lynchpin of our thinking about heritage. It is a threshold question as to whether we even consider something to be heritage. Because authenticity is a threshold question, we have often assumed it and its relevance. Scholarship on authenticity therefore focuses on how it is created and (re)negotiated, seldom scrutinising the work authenticity does. This article unpacks the work of authenticity, ultimately arguing again…

  • Digital Heritage Surrogates, Decolonization, and International Law: Restitution, Control, and the Creation of Value as Reparations and Emancipation

    Open Access•Lucas Lixinski•ARTICLE•Santander Art and Culture Law…•2020•Cited by: 1•References: 5

    This article argues that digital and post-colonial engagements with heritage can be reconciled only if they happen in the terms set by the once-colonized community, and for their benefit. Further, the law can play a significant role in embedding certain ethical commitments, provided it can steer away from legal categories such as authenticity and access; categories which, despite their neutral or even cosmopolitan aspirations, function as reinfor…

  • Aboriginal Cultural Heritage Reform in Australia and the Dilemmas of Power

    Open Access•Lauren Butterly, Lucas Lixinski•ARTICLE•International Journal of Cultural…•2020•Cited by: 2•References: 8

    The last decade or so has seen a fundamental shift in Aboriginal cultural heritage law in Australia. A number of subnational jurisdictions in Australia have undergone major reforms to their Aboriginal heritage legislation. Other subnational jurisdictions are currently in the reform process or have promised reform in coming years. We use the latest (and, at the time of writing, ongoing) process to reform Aboriginal heritage legislation in the stat…

  • Food as Heritage and Multi-Level International Legal Governance

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Cultural…•2018•Cited by: 1•References: 10

    This article focuses on the issue of framing of food in international law, as a means to highlight the specific dimensions of food that are the focus of food as heritage under the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. The specific example of Mexican traditional cuisine is used as a prism through which to analyze regulatory choices across a range of organizations in the United Nations System, yielding a number o…

  • Heritage values and legal rules: Identification and treatment of the historic environment via an adaptive regulatory framework (part 2)

    Open Access•Jeremy C Wells, Lucas Lixinski•ARTICLE•Journal of Cultural Heritage…•2017

    Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privileges the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. The purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by suggesting a dynamic, ad…

  • Case of the Kaliña and Lokono Peoples v. Suriname

    Open Access•Lucas Lixinski•ARTICLE•American Journal of International…•2017•Cited by: 1

    On November 25, 2015, the Inter-American Court of Human Rights (Court) held that the state of Suriname had violated the rights of two indigenous groups by denying recognition of their juridical personality and their entitlement to collective property and judicial protection. In Kaliña and Lokono Peoples v. Suriname , the Court also considered the impact of nature reserves on indigenous land rights, as well as the legitimacy of private titling of …

  • Towards a Humanized International “Constitution”

    Open Access•Vassilis P Tzevelekos, Lucas Lixinski•ARTICLE•Leiden Journal of International Law•2016•References: 6

    The article argues that, by bringing a number of changes of systemic proportions in the order of international law, the internationalization of national constitutional human rights law has led to the ‘constitutionalization’ of international law. To build that argument, the paper first critically assesses the constitutionalization narrative. To that end it explains the reasons for its agnostic stance vis-à-vis the constitutionalization narrative a…

  • Heritage values and legal rules: Identification and treatment of the historic environment via an adaptive regulatory framework (part 1)

    Open Access•Jeremy C Wells, Lucas Lixinski•ARTICLE•Journal of Cultural Heritage…•2016•Cited by: 4•References: 9

    Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privilege the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. To address this problem, the purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by …

  • Cultural Heritage Law and Transitional Justice: Lessons from South Africa

    Lucas Lixinski•ARTICLE•International Journal of…•2015•Cited by: 3

    Journal Article Cultural Heritage Law and Transitional Justice: Lessons from South Africa Get access Lucas Lixinski Lucas Lixinski * * Senior Lecturer, Faculty of Law, University of New South Wales (UNSW), Australia. Email: [email protected] Search for other works by this author on: Oxford Academic Google Scholar International Journal of Transitional Justice, Volume 9, Issue 2, July 2015, Pages 278–296, https://doi.org/10.1093/ijtj/ijv005 Pu…

  • Domestic Judicial Design by International Human Rights Courts

    Open Access•David Kosař, Lucas Lixinski•ARTICLE•American Journal of International…•2015•Cited by: 1•References: 34

    Regional human rights courts in Europe and the Americas came into being in the wake of World War II. The European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR) were established in order to adjudicate on alleged violations of the rights of individuals. Yet, since their inception these courts have also influenced other areas of international law. A part from their impact on general international law, their case law h…

  • Between orthodoxy and heterodoxy: The Troubled Relationships Between Heritage Studies and Heritage Law

    Lucas Lixinski•ARTICLE•International Journal of Heritage…•2015•Cited by: 11•References: 18

    This article discusses the relationships between heritage law (HL) and heritage studies (HS) from the perspective of international law. More specifically, it focuses on the ways in which HL scholars have integrated (or failed to integrate) HS considerations into their work, and vice versa. The paper shows that the relationship between HL and HS is better resolved with respect to orthodox approaches to both law and heritage. More specifically, ort…

  • Comparative International Human Rights Law: An Analysis of the Right to Private and Family Life across Human Rights “Jurisdictions”

    Lucas Lixinski•ARTICLE•Nordic Journal of Human Rights•2014•Cited by: 1

    This article compares the application of the right to private and family life across different human rights jurisdictions. It chooses instances of "convergence" (that is, situations that fall under the purview of this right for all jurisdictions) and of "divergence" (situations that fall under the right for some jurisdictions, but under a different right in others). Through this exercise, the article demonstrates how the similarity in the languag…

  • International Cultural Heritage Regimes, International Law, and the Politics of Expertise

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Cultural…•2013•Cited by: 10•References: 23

    The article examines the problematic politics of expertise in the formation of international legal rules in the field of heritage, looking specifically at international conventions made under the auspices of UNESCO. The article shows that, even within this seemingly small and cohesive universe, there is a lot of room for disagreement, and much of it can be traced back to what Laurajane Smith has called "the Authorized Heritage Discourse" (AHD). T…

  • Laurence R. Helfer and Graeme W. Austin: Human Rights and Intellectual Property - Mapping the Global Interface

    Lucas Lixinski•ARTICLE•Nordic Journal of Human Rights•2012

  • Selecting Heritage: The Interplay of Art, Politics and Identity

    Lucas Lixinski•ARTICLE•European Journal of International…•2011•Cited by: 37

    This article discusses the international protection of intangible cultural heritage (ICH) by a UNESCO-based regime created by the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. This Convention has experienced very fast ratification (127 states parties less than seven years after its approval), but this is in no small part attributable to a certain lack of 'legal bite' of the instrument. There are several layers of state…

Next
  • Selecting Heritage: The Interplay of Art, Politics and Identity

    Lucas Lixinski•ARTICLE•European Journal of International…•2011•Cited by: 37

    This article discusses the international protection of intangible cultural heritage (ICH) by a UNESCO-based regime created by the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. This Convention has experienced very fast ratification (127 states parties less than seven years after its approval), but this is in no small part attributable to a certain lack of 'legal bite' of the instrument. There are several layers of state…

  • Between orthodoxy and heterodoxy: The Troubled Relationships Between Heritage Studies and Heritage Law

    Lucas Lixinski•ARTICLE•International Journal of Heritage…•2015•Cited by: 11•References: 18

    This article discusses the relationships between heritage law (HL) and heritage studies (HS) from the perspective of international law. More specifically, it focuses on the ways in which HL scholars have integrated (or failed to integrate) HS considerations into their work, and vice versa. The paper shows that the relationship between HL and HS is better resolved with respect to orthodox approaches to both law and heritage. More specifically, ort…

  • International Cultural Heritage Regimes, International Law, and the Politics of Expertise

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Cultural…•2013•Cited by: 10•References: 23

    The article examines the problematic politics of expertise in the formation of international legal rules in the field of heritage, looking specifically at international conventions made under the auspices of UNESCO. The article shows that, even within this seemingly small and cohesive universe, there is a lot of room for disagreement, and much of it can be traced back to what Laurajane Smith has called "the Authorized Heritage Discourse" (AHD). T…

  • Against authenticity

    Lucas Lixinski•ARTICLE•International Journal of Heritage…•2022•Cited by: 7•References: 51

    Authenticity has long been a lynchpin of our thinking about heritage. It is a threshold question as to whether we even consider something to be heritage. Because authenticity is a threshold question, we have often assumed it and its relevance. Scholarship on authenticity therefore focuses on how it is created and (re)negotiated, seldom scrutinising the work authenticity does. This article unpacks the work of authenticity, ultimately arguing again…

  • Treaty Interpretation by the Inter-American Court of Human Rights: Expansionism at the Service of the Unity of International Law

    Lucas Lixinski•ARTICLE•European Journal of International…•2010•Cited by: 6

    The article examines the jurisprudence of the Inter-American Court of Human Rights in several areas of adjudication which initially did not fall under the instrument, such as environmental rights, international humanitarian law, and investors’ rights. In all these areas, the Court has used instruments ‘foreign’ to the Inter-American system as a means to expand the content of rights in the American Convention. As a result, the umbrella of protecti…

  • Heritage values and legal rules: Identification and treatment of the historic environment via an adaptive regulatory framework (part 1)

    Open Access•Jeremy C Wells, Lucas Lixinski•ARTICLE•Journal of Cultural Heritage…•2016•Cited by: 4•References: 9

    Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privilege the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. To address this problem, the purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by …

  • Cultural Heritage Law and Transitional Justice: Lessons from South Africa

    Lucas Lixinski•ARTICLE•International Journal of…•2015•Cited by: 3

    Journal Article Cultural Heritage Law and Transitional Justice: Lessons from South Africa Get access Lucas Lixinski Lucas Lixinski * * Senior Lecturer, Faculty of Law, University of New South Wales (UNSW), Australia. Email: [email protected] Search for other works by this author on: Oxford Academic Google Scholar International Journal of Transitional Justice, Volume 9, Issue 2, July 2015, Pages 278–296, https://doi.org/10.1093/ijtj/ijv005 Pu…

  • Cultural heritage and interculturality: A Call to Action

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Heritage…•2023•Cited by: 2•References: 29

    This article explores the possible relationships between critical heritage studies and interculturality. It argues that interculturality offers a call to action and normative commitments that is welcome to advance critical heritage studies. The article examines the intersections across the two fields using the ideas of normative engagement, status of the two fields in liberal political discourse, and the notions of recognition and redistribution …

  • Aboriginal Cultural Heritage Reform in Australia and the Dilemmas of Power

    Open Access•Lauren Butterly, Lucas Lixinski•ARTICLE•International Journal of Cultural…•2020•Cited by: 2•References: 8

    The last decade or so has seen a fundamental shift in Aboriginal cultural heritage law in Australia. A number of subnational jurisdictions in Australia have undergone major reforms to their Aboriginal heritage legislation. Other subnational jurisdictions are currently in the reform process or have promised reform in coming years. We use the latest (and, at the time of writing, ongoing) process to reform Aboriginal heritage legislation in the stat…

  • The legal limits of decolonizing heritage: Emancipation, the nation-state, and racial capitalism in Brazil

    Open Access•Lucas Lixinski•ARTICLE•American Anthropologist•2024•Cited by: 1•References: 3

    Cultural heritage law and processes, it is widely known, authorize certain forms of identity that are more often than not aligned with a national project (Lowenthal, 1998). What happens, however, when the national project turns away from being one of harmony and continuity with the past (as is still the case in many countries, most notably China, as Bideau and Bugnon show in this collection), and becomes about a break with—or at least renegotiati…

  • Digital Heritage Surrogates, Decolonization, and International Law: Restitution, Control, and the Creation of Value as Reparations and Emancipation

    Open Access•Lucas Lixinski•ARTICLE•Santander Art and Culture Law…•2020•Cited by: 1•References: 5

    This article argues that digital and post-colonial engagements with heritage can be reconciled only if they happen in the terms set by the once-colonized community, and for their benefit. Further, the law can play a significant role in embedding certain ethical commitments, provided it can steer away from legal categories such as authenticity and access; categories which, despite their neutral or even cosmopolitan aspirations, function as reinfor…

  • Food as Heritage and Multi-Level International Legal Governance

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Cultural…•2018•Cited by: 1•References: 10

    This article focuses on the issue of framing of food in international law, as a means to highlight the specific dimensions of food that are the focus of food as heritage under the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. The specific example of Mexican traditional cuisine is used as a prism through which to analyze regulatory choices across a range of organizations in the United Nations System, yielding a number o…

  • Case of the Kaliña and Lokono Peoples v. Suriname

    Open Access•Lucas Lixinski•ARTICLE•American Journal of International…•2017•Cited by: 1

    On November 25, 2015, the Inter-American Court of Human Rights (Court) held that the state of Suriname had violated the rights of two indigenous groups by denying recognition of their juridical personality and their entitlement to collective property and judicial protection. In Kaliña and Lokono Peoples v. Suriname , the Court also considered the impact of nature reserves on indigenous land rights, as well as the legitimacy of private titling of …

  • Domestic Judicial Design by International Human Rights Courts

    Open Access•David Kosař, Lucas Lixinski•ARTICLE•American Journal of International…•2015•Cited by: 1•References: 34

    Regional human rights courts in Europe and the Americas came into being in the wake of World War II. The European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR) were established in order to adjudicate on alleged violations of the rights of individuals. Yet, since their inception these courts have also influenced other areas of international law. A part from their impact on general international law, their case law h…

  • Comparative International Human Rights Law: An Analysis of the Right to Private and Family Life across Human Rights “Jurisdictions”

    Lucas Lixinski•ARTICLE•Nordic Journal of Human Rights•2014•Cited by: 1

    This article compares the application of the right to private and family life across different human rights jurisdictions. It chooses instances of "convergence" (that is, situations that fall under the purview of this right for all jurisdictions) and of "divergence" (situations that fall under the right for some jurisdictions, but under a different right in others). Through this exercise, the article demonstrates how the similarity in the languag…

  • Treaty Interpretation by the Inter-American Court of Human Rights: Expansionism at the Service of the Unity of International Law

    Lucas Lixinski•ARTICLE•European Journal of International…•2010•Cited by: 6

    The article examines the jurisprudence of the Inter-American Court of Human Rights in several areas of adjudication which initially did not fall under the instrument, such as environmental rights, international humanitarian law, and investors’ rights. In all these areas, the Court has used instruments ‘foreign’ to the Inter-American system as a means to expand the content of rights in the American Convention. As a result, the umbrella of protecti…

  • Selecting Heritage: The Interplay of Art, Politics and Identity

    Lucas Lixinski•ARTICLE•European Journal of International…•2011•Cited by: 37

    This article discusses the international protection of intangible cultural heritage (ICH) by a UNESCO-based regime created by the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. This Convention has experienced very fast ratification (127 states parties less than seven years after its approval), but this is in no small part attributable to a certain lack of 'legal bite' of the instrument. There are several layers of state…

  • Laurence R. Helfer and Graeme W. Austin: Human Rights and Intellectual Property - Mapping the Global Interface

    Lucas Lixinski•ARTICLE•Nordic Journal of Human Rights•2012

  • International Cultural Heritage Regimes, International Law, and the Politics of Expertise

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Cultural…•2013•Cited by: 10•References: 23

    The article examines the problematic politics of expertise in the formation of international legal rules in the field of heritage, looking specifically at international conventions made under the auspices of UNESCO. The article shows that, even within this seemingly small and cohesive universe, there is a lot of room for disagreement, and much of it can be traced back to what Laurajane Smith has called "the Authorized Heritage Discourse" (AHD). T…

  • Comparative International Human Rights Law: An Analysis of the Right to Private and Family Life across Human Rights “Jurisdictions”

    Lucas Lixinski•ARTICLE•Nordic Journal of Human Rights•2014•Cited by: 1

    This article compares the application of the right to private and family life across different human rights jurisdictions. It chooses instances of "convergence" (that is, situations that fall under the purview of this right for all jurisdictions) and of "divergence" (situations that fall under the right for some jurisdictions, but under a different right in others). Through this exercise, the article demonstrates how the similarity in the languag…

  • Cultural Heritage Law and Transitional Justice: Lessons from South Africa

    Lucas Lixinski•ARTICLE•International Journal of…•2015•Cited by: 3

    Journal Article Cultural Heritage Law and Transitional Justice: Lessons from South Africa Get access Lucas Lixinski Lucas Lixinski * * Senior Lecturer, Faculty of Law, University of New South Wales (UNSW), Australia. Email: [email protected] Search for other works by this author on: Oxford Academic Google Scholar International Journal of Transitional Justice, Volume 9, Issue 2, July 2015, Pages 278–296, https://doi.org/10.1093/ijtj/ijv005 Pu…

  • Domestic Judicial Design by International Human Rights Courts

    Open Access•David Kosař, Lucas Lixinski•ARTICLE•American Journal of International…•2015•Cited by: 1•References: 34

    Regional human rights courts in Europe and the Americas came into being in the wake of World War II. The European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR) were established in order to adjudicate on alleged violations of the rights of individuals. Yet, since their inception these courts have also influenced other areas of international law. A part from their impact on general international law, their case law h…

  • Between orthodoxy and heterodoxy: The Troubled Relationships Between Heritage Studies and Heritage Law

    Lucas Lixinski•ARTICLE•International Journal of Heritage…•2015•Cited by: 11•References: 18

    This article discusses the relationships between heritage law (HL) and heritage studies (HS) from the perspective of international law. More specifically, it focuses on the ways in which HL scholars have integrated (or failed to integrate) HS considerations into their work, and vice versa. The paper shows that the relationship between HL and HS is better resolved with respect to orthodox approaches to both law and heritage. More specifically, ort…

  • Towards a Humanized International “Constitution”

    Open Access•Vassilis P Tzevelekos, Lucas Lixinski•ARTICLE•Leiden Journal of International Law•2016•References: 6

    The article argues that, by bringing a number of changes of systemic proportions in the order of international law, the internationalization of national constitutional human rights law has led to the ‘constitutionalization’ of international law. To build that argument, the paper first critically assesses the constitutionalization narrative. To that end it explains the reasons for its agnostic stance vis-à-vis the constitutionalization narrative a…

  • Heritage values and legal rules: Identification and treatment of the historic environment via an adaptive regulatory framework (part 1)

    Open Access•Jeremy C Wells, Lucas Lixinski•ARTICLE•Journal of Cultural Heritage…•2016•Cited by: 4•References: 9

    Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privilege the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. To address this problem, the purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by …

  • Heritage values and legal rules: Identification and treatment of the historic environment via an adaptive regulatory framework (part 2)

    Open Access•Jeremy C Wells, Lucas Lixinski•ARTICLE•Journal of Cultural Heritage…•2017

    Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privileges the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. The purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by suggesting a dynamic, ad…

  • Case of the Kaliña and Lokono Peoples v. Suriname

    Open Access•Lucas Lixinski•ARTICLE•American Journal of International…•2017•Cited by: 1

    On November 25, 2015, the Inter-American Court of Human Rights (Court) held that the state of Suriname had violated the rights of two indigenous groups by denying recognition of their juridical personality and their entitlement to collective property and judicial protection. In Kaliña and Lokono Peoples v. Suriname , the Court also considered the impact of nature reserves on indigenous land rights, as well as the legitimacy of private titling of …

  • Food as Heritage and Multi-Level International Legal Governance

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Cultural…•2018•Cited by: 1•References: 10

    This article focuses on the issue of framing of food in international law, as a means to highlight the specific dimensions of food that are the focus of food as heritage under the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. The specific example of Mexican traditional cuisine is used as a prism through which to analyze regulatory choices across a range of organizations in the United Nations System, yielding a number o…

  • Digital Heritage Surrogates, Decolonization, and International Law: Restitution, Control, and the Creation of Value as Reparations and Emancipation

    Open Access•Lucas Lixinski•ARTICLE•Santander Art and Culture Law…•2020•Cited by: 1•References: 5

    This article argues that digital and post-colonial engagements with heritage can be reconciled only if they happen in the terms set by the once-colonized community, and for their benefit. Further, the law can play a significant role in embedding certain ethical commitments, provided it can steer away from legal categories such as authenticity and access; categories which, despite their neutral or even cosmopolitan aspirations, function as reinfor…

  • Aboriginal Cultural Heritage Reform in Australia and the Dilemmas of Power

    Open Access•Lauren Butterly, Lucas Lixinski•ARTICLE•International Journal of Cultural…•2020•Cited by: 2•References: 8

    The last decade or so has seen a fundamental shift in Aboriginal cultural heritage law in Australia. A number of subnational jurisdictions in Australia have undergone major reforms to their Aboriginal heritage legislation. Other subnational jurisdictions are currently in the reform process or have promised reform in coming years. We use the latest (and, at the time of writing, ongoing) process to reform Aboriginal heritage legislation in the stat…

  • Against authenticity

    Lucas Lixinski•ARTICLE•International Journal of Heritage…•2022•Cited by: 7•References: 51

    Authenticity has long been a lynchpin of our thinking about heritage. It is a threshold question as to whether we even consider something to be heritage. Because authenticity is a threshold question, we have often assumed it and its relevance. Scholarship on authenticity therefore focuses on how it is created and (re)negotiated, seldom scrutinising the work authenticity does. This article unpacks the work of authenticity, ultimately arguing again…

  • Writing a Transnational (Global?) History of Extradition Law in the Short Twentieth Century: Beyond Western-Centric Approaches

    Pablo Del Hierro, Lucas Lixinski•ARTICLE•Journal of the History of…•2023•References: 13

    The article examines the history of extradition in the twentieth century, to call for a broader engagement with extradition law not only as an under-explored chapter in international law in its own right, but also as a pathway to think more deeply about world-ruling projects. Extradition law, normally thought of as primarily bilateral, in fact has a long and rich history of multilateral engagement. This tension between multilateralism and bilater…

  • Cultural heritage and interculturality: A Call to Action

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Heritage…•2023•Cited by: 2•References: 29

    This article explores the possible relationships between critical heritage studies and interculturality. It argues that interculturality offers a call to action and normative commitments that is welcome to advance critical heritage studies. The article examines the intersections across the two fields using the ideas of normative engagement, status of the two fields in liberal political discourse, and the notions of recognition and redistribution …

  • Excavating the field of heritage law: Support, Renewal, and Iconoclasm

    Open Access•Lucas Lixinski•ARTICLE•International Journal of Cultural…•2023•References: 39

    This article maps the field of cultural heritage law, arguing for the need for its renewal, even if at the cost of some iconoclasm of notions we hold dear in our conceptual thinking about heritage. The article pursues this thesis by excavating a conceptual archaeology (broadly in the Foucauldian sense) of four key assumptions or conceptual pillars of cultural heritage law, which are the assumption of inherent value of cultural heritage; the pilla…

  • On the Cultural Stakes of Deep Seabed Mining

    Open Access•Julian Arato, Aline Jaeckel et al.•ARTICLE•AJIL Unbound•2024

    Ownership over the deep seabed and its mineral riches was unsettled until well into the twentieth century. Yet, by the 1960s, a remarkable spirit of universalism prevailed. States declared the deep seabed to be the common heritage of [hu]mankind, determining that its exploitation and protection would require collective management. The seabed beyond national jurisdiction (or, the “Area”) 1 spans roughly half of the surface of the Earth. It contain…

  • Integrating Culture, Heritage, and Identity in Deep Seabed Mining Regulation

    Open Access•Lucas Lixinski•ARTICLE•AJIL Unbound•2024

    Ongoing deep seabed mining negotiations evoke two competing visions of the ocean: as a vast (social) emptiness rich in wealth for the taking; or as a place where deep human connections exist despite arbitrary lines drawn to distribute states’ legal authority over it. The first tends to be the prevailing view, and the second is a challenger grounded on culture and identity. In this essay, I wish to unpack the roles of traditional knowledge and cul…

  • Indigeneity at the 1948 Bogotá Conference

    Lucas Lixinski•ARTICLE•Journal of the History of…•2024•References: 3

    The article examines the history and legacy of the Bogotá diplomatic conference of 1948 in relation to Indigenous peoples. Indigenous voices were entirely absent from the Bogotá conference itself, and delegates relied instead on certain assumptions and narratives largely drawn from the Indigenismo movement in the Americas at the time. In considering Indigenous peoples as part of a broader social agenda, delegates confronted the legacies of coloni…

  • A Resiliência da Identidade: Indigenato e a Virada Histórica no Direito Internacional

    Open Access•Lucas Lixinski•ARTICLE•Revista Brasileira de História &…•2024•References: 31

    Neste artigo, eu discuto a falta de narrativas centradas na perspectiva indígena na virada histórica no direito internacional. Considerando-se que um dos principais usos políticos desta virada histórica visa desfazer os danos dos encontros coloniais (como nas Abordagens Terceiro-Mundistas de Direito Internacional, por exemplo), é um tanto quanto consternante que frequentemente, e particularmente em contextos indígenas, estes encontros ainda são c…

  • Advancing critical heritage studies: The Next 10 Years

    Lucas Lixinski, Trinidad Rico et al.•ARTICLE•International Journal of Heritage…•2024

    Advancing Critical Heritage Studies: the Next 10 Years, which focuses on the growth of the Association of Critical Heritage Studies (ACHS) since 2012, and the development of and challenges facing critical heritage studies in general. The special issue is a collection of short articles that, rather than present academic debates written in expected academic uses and conventions, offers a glimpse into the discussions that define the growing field of…

  • Pierre Lalive and John Henry Merryman, Fellows in Art and Cultural Heritage Law - Where Are They Now

    Open Access•Adnan Almohamad, Tamás Szabados et al.•ARTICLE•International Journal of Cultural…•2024•References: 3

    The International Journal of Cultural Property (IJCP) is proud to award yearly the Pierre Lalive and John Henry Merryman Fellowship in Art and Cultural Heritage Law, hosted by the International Cultural Property Society and the Art-Law Centre of the University of Geneva

Political science (20 works) · Law (18 works) · Sociology (18 works) · Law (17 works) · Cultural Heritage Management and Preservation (13 works) · Archaeological Research and Protection (10 works) · Politics (10 works) · Cultural heritage (8 works) · Human rights (7 works) · Philosophy (6 works)

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