The aim of this study is to investigate the important role of liberal-communitarian debate in cultural heritage law and politics. Derek Gillman in the book titled “The Idea of Cultural Heritage” stressed that “During recent decades, two parallel debates have occurred with respect to public policy and heritage”, and mentioned above is the second one, which “takes place between political philosophers, especially liberal and communitarian thinkers of various shades.” The following study brings attention to the external perspective. That is, these philosophical concepts which appeared beyond legal sciences, but they have the impact on both law and almost all aspects of social life. Liberalism and communitarianism, despite their differences, are particularly useful lens through which to consider law and its functions within contemporary society. Therefore, this begs the question as to what is their approach to the cultural heritage law and practice. While much has been written about liberalism and communitarianism, their impact on cultural heritage still remains shrouded in mystery. We do accept and stress that cultural heritage law is nowadays recognised as the multilevel legal instruments for safeguarding, protection, preservation and maintenance of cultural heritage, cultural property, or even cultural rights. It is not only “multilevel”, but also “multivalued”, and for that reason many theoretical and practical problems are noticed. Liberalism versus communitarianism is one of the most significant debate. As a result, the main aim of this article is to outline the influence of liberalism and communitarianism on cultural heritage law.
The Belt and Road Initiative (BRI) is an international project involving many countries around the world. The economic development and the implementation of new infrastructural and investment projects have been giving rise to a growing number of cross-border disputes. To meet these challenges China has created specialized entities, competent to solve disputes arising from the BRI. The aim of this article is therefore to identify? the latest trends in this area and to assess whether the Chinese solutions and proposed dispute resolution methods will permanently change the global landscape.
The COVID-19 pandemic is reshaping the landscape of Chinese dispute resolution. The aim of this article is to outline China's various approaches to such development in times of global pandemic. The article primarily examines the features of online arbitration in China with a special focus on the significance of party autonomy and the authority of the tribunal in handling virtual hearings. This trend prompts the question as to whether virtual hearings and the use of digital technology ensure the protection of data and privacy. Further, the article analyses the impacts of online dispute resolution on litigation and different sets of new rules adopted in China to handle online hearings. It concludes that China successfully addressed most of the raised questions in terms of data and privacy protection, and that the processes through which dispute resolution becomes increasingly digitalised seems to be an irreversible trend that warrants further research into its consequences.
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