Do we need cultural heritage law? Interview with Professor Ren Yatsunami

Ren Yatsunami

Do we need legal regulations to protect cultural heritage? What are main challenges in the field of cultural heritage law area? What do Poland and Japan have in common in that field? How to teach students about cultural heritage to make education the most effective? These are just a few of the topics we discussed in our conversation with Professor Ren Yatsunami from Kyushu University, who visited the Faculty of Law  at the invitation of Professor Kamil Zeidler - as part of the 'UG Visiting Professors' programme.

 

Karolina Żuk-Wieczorkiewicz: - Professor Yatsunami, can you tell us what made you choose cultural heritage law as a field of research?

Prof. Ren Yatsunami: - When I was an undergraduate student, I was initially interested in being a curator in a museum due to my fondness for arts and cultural properties. However, one day, I read a university newsletter article about an interview with Prof. Toshiyuki Kono, an Honorary Distinguished Professor at the Institute for Advanced Study, Kyushu University, Japan. The article introduced how Prof. Kono contributed to the drafting process of the Convention for the Safeguarding of the Intangible Cultural Heritage. At that time, I had never considered cultural property protection from a legal perspective, so this article made a significant impression on me. That was a turning point when I became interested in approaching heritage issues from a legal perspective.

- My next question may sound a little bit controversial. Do we need cultural heritage law? And if so, why do we need it?

- It might be an idea that we can achieve a society that values cultural heritage even without having a specific legal field called “cultural heritage law,” since solutions to social issues in the cultural heritage law area could be sought through administrative law, civil law, international law, etc. However, there is also a view that emphasizes the special nature of legal issues related to cultural heritage. For example, when it comes to legal regulations surrounding cultural heritage, it is necessary to balance the interests of many different actors, not only those of the owners of historical buildings or their contracting parties, but also the other residents enjoying the benefit of beautiful landscapes or historic townscapes, which causes more complicated legal issues than traditional. Also, it can be said that the recognition of the legal field of cultural heritage law as a platform for bringing together discussions among a variety of experts is convenient.

- Do you think that protecting the assets of culture is more a matter of international law or local law?

- Regulatory frameworks of heritage conservation that transcend national laws, such as the World Heritage Convention, allow us to work together to cherish the history and culture that are important to all of humanity. In this sense, developments in international law in this area are definitely significant. However, the leading players in the conservation and utilization of cultural heritage are local communities in principle. In that sense, the roles played by local laws and even voluntary norms are crucial. Generally, as the concept of “legal pluralism” suggests, it is essential for diverse systems to collaborate in addressing social issues.

- Do you have any examples of cultural treasures that were saved due to legal regulations? Something that was prevented from disappearing or being destroyed?

- Kyushu University underwent a large-scale campus relocation over the years from 2005 to 2018. As a result, the old campus scenery that I enjoyed as a student no longer exists. However, some of the buildings on the old campus have been designated as registered tangible cultural properties and are therefore protected by law. Thanks to the Cultural Properties Protection Act, the main gate and impressive brick buildings of the old campus, which evoke memories of my student days, have been spared from disappearance.

- I'd like to ask about your collaboration with Professor Zeidler at the University of Gdańsk. What do you find most valuable in it?

- The opportunity to continue holding workshops through the international exchange agreement between our universities has been a particularly stimulating and meaningful part of the collaboration with Professor Zeidler and the University of Gdańsk. Recently, we co-organized the Scientific Seminar and Student Debate “Polish and Japanese Cultural Heritage Protection”, which was held in April of 2025 as one of the events within the Program of the Polish National Agency for Academic Exchange (NAWA). The workshop brought together students and researchers in presentations and discussions on cultural heritage law, providing an excellent opportunity for international networking. On my visit to Poland in June, it was a true pleasure for me to see everyone we met in Japan in April again.

- What similarities and what differences do you see between Japanese cultural heritage law and Polish law in that field?

- Polish law and Japanese law share similar experiences and challenges about the respectful conservation of the reconstructed historic buildings. The Historic Centre of Warsaw, which has been beloved and protected as a World Heritage site, is evaluated as an outstanding example of a total reconstruction of the historical space. In Japan, the restored Shuri Castle Seiden building was severely damaged by a fire in 2019 but has been restored through the tireless efforts of experts, the community, and the government. One of the critical roles of the legal system, in the post-traumatic period, is to establish and manage funds from collected donations to repair damaged cultural properties or to operate subsidy systems of public budgets. Although there are differences in the details, a common interest in both countries in developing regulatory measures to enhance the resilience of historic townscapes is observable.

- As you observe students in Japan, and here in Poland, are law students interested in the field of cultural heritage law? I wonder if there are many people who are interested in the area.

- In Japan as a whole, there are still not many universities that offer courses on cultural heritage law. However, thanks to Professor Zeidler, Kyushu University is able to offer an intensive course on cultural heritage law every year, and it has become a very popular subject among students both in Japan and abroad. In the case of Kyushu University, there are many international students majoring in law, so the cultural heritage law course also seems to be an opportunity to gain a deeper understanding of each other's cultures. During this visit to Poland, I also delivered lectures on Japanese legal culture and Japanese cultural heritage law. From that limited experience, I felt that there are many Polish law students who have a good interest in cultural heritage law. They participated in the discussions with great enthusiasm, for which I am so grateful.

- What did you remember most during your stay in Poland? What was most surprising for you?

- This time I’ve stayed in Poland for about two weeks. Thanks to Professor Kamil Zeidler and Paula Chmielowska, I had the opportunity to see many excellent examples of heritage conservation in Poland. At the same time, I had many cultural experiences. What surprised me the most was the Dojo Stara Wieś. The harmony between Poland's rich natural scenery and the Japanese-style architecture and garden was fantastic, creating a space that was very calming.

- How would you encourage students to study the field of cultural heritage?

- What I try to do is to provide my students with as many opportunities as possible to visit cultural heritage sites and experience the historical buildings and surrounding scenery with their five senses. Furthermore, when they are able to hear from people with ties to the cultural heritage sites they visit, it becomes a very valuable learning opportunity. Such experiences foster a sense of attachment similar to local pride and also boost their interest in cultural heritage law. In the near future, I would like to take on the challenge of encouraging my students to organize cultural heritage tours for students or guests visiting Japan from Poland. If they plan their own tours, they will naturally gain a deeper understanding of cultural heritage sites and the regulations surrounding them.

- Thank you very much!

 

Ren Yatsunami is Associate Professor in Private International Law. Before joining Kyushu University in 2017, he was Associate Professor at Kagawa University. Prior to becoming Associate Professor, he was a post-doctoral fellow at the University of Tokyo and recipient of a fellowship from the Japan Society for the Promotion of Science (JSPS). While being a post-doctoral fellow, he co-edited a book titled "Regulatory Hybridization in the Transnational Sphere" (Martinus Nijhoff, 2013). He obtained a doctoral degree in law from Kyushu University in 2012. Also in 2012, he was awarded the JSPS Ikushi Prize, as well as the Kyushu University Award for Academic Research Activities.

The purpose of Professor Ren Yatsunami's visit to University of Gdansk was two-sided research, education and continuation of long-standing international cooperation with professor Kamil Zeidler.

Karolina Żuk-Wieczorkiewicz/CKiP