The Law and Economics of cultural property: An economic analysis of the institutions of rule-making

Project Directors: Prof. Dr. Kilian Bizer (Economic Policy) / Prof.Dr. Gerald Spindler (Economic Law)
Research Associates: Marianna Bicskei M.A. / Dr. Zulia Gubaydullina / Dipl. BW (FH) Matthias Lankau / Philipp Zimbehl


Our project concerns itself with the analysis of the international ordering of cultural property rights. We investigate the interests and incentives of participant and affected actors with the help of a positive-analytic institutional economics approach. In terms of welfare economics, the issue is to show how cultural property rights can be optimally structured. Using both positive as well as normative analysis, we develop an approach that allows for the optimal structuring of a property rights regime. At the core of our studies is an analysis of the creation of property rights in the context of the international negotiations conducted under the auspices of the World International Property Organization (WIPO). A cultural property right is understood as the allocation of a specific right of disposition over cultural property, for example, to an indigenous group that is understood as a collective entity. The first phase of our project, in collaboration with the other sub-projects, will be to find a common definition of cultural property. Then we turn to the requirements for establishing a right of disposition over cultural property, in order that we can then investigate WIPO rule-making, as this is the leading international organization concerning itself with the protection of cultural property. Then we hope to develop policy recommendations for creating an international cultural property regime in the terms described.