Peter Alexander-Fitzgerald

Peter Alexander-Fitzgerald BA LLB LLM

http://eaacork.ucc.ie/

Academic
BA (Honours) Lampeter
(Classical and Medieval/Early Modern)
LLB (Honours) Aberystwyth
LLM Environment Management and Law (Heritage; A Case of Mistaken Identity)

Specialisms And Areas of Competency
Administrative Law
Judicial Review
Criminal Law
Contract
Tort
Planning
Property
Heritage and Environmental Conservation Law
Jurisprudence and Legal Theory
Legal Philosophy
History of Law (Development of Legal Systems)

Work Overview

Having a long-term interest in Archaeology history and law I have developed a specialism in Heritage landscape management, using both historical and archaeological evidence for previous landscape use, and developing management plans for long term conservation programmes taking into consideration both the natural and built environment. This has enabled me to develop a greater understanding of the present legislation in terms of strengths and weaknesses and thus to maximise its functionality. Taking a multidisciplinary approach has proved a great advantage in my present work, which includes such projects as the Stonehenge World Heritage Site, The Ceredigion Coastal Path and the Radnor Testing Range.
I have also been involved in Further and Higher Education teaching both law and landscape management at Aberystwyth in the capacity of Visiting Lecturer and as Head of Law at Coleg Ceredigion.
I am, currently.
A member of The World Heritage committee (ICOMOS) The British Archaeological Trust, The Council for British Archaeology and the European Archaeological Association.

Research

Recent research includes an examination of the personal and political influences affecting the wording of the Ancient Monuments Act 1882 and how this has in turn influenced the present legislation in both the United Kingdom and the Republic of Ireland. This in turn has led to further research into the mechanism of legitimisation of an ideology by the use of administrative legal process.
Other areas of research include the use of Pragmatism in the planning process, in theory and practice. And the adequacy of language as a transference mechanism between disciplines mostly in terms of international and European law. I am currently examining Equity as a method of promoting Equality in civil actions. And also developing a programme to examin the efecivness of State Heritage Legislation in Europe and compliance with international law.

Some Recent Conference Papers

1999
Council for Independent Archaeology Sheffield; Law and the Archaeologist.
European Archaeology Association Bournemouth: Integration of International, EU and English Legislation
2002
Lampeter; Developing a workable solution for Stonehenge.
2003
EAA St Petersburg; The Ancient Monuments Act 1882 politics and Personality.
Theoretical Archaeology Group Lampeter; Pragmatism and Planning

2004
Newport Equality and Law
EAA Lyon Impact of EU Law and integration into state legislation (The problem of value transference)

TAG Glasgow

2005 EAA Cork
Heritage Administrative Law in the twenty-first century. Fact or fantasy?
Paper 1)
Heritage protection legislation and related conflicts, Priorities, Desires and Ambitions.

2006 St Petersbourg May
International Meeting "Security of Archaeological Heritage"

Legislative base for preservation of the archaeological sites

The title of this session raises two questions immediately, firstly is a legislative base for the preservation of archaeological sites desirable? And secondly, if so what form should it take? The history of Archaeology is littered with examples of valuable sites being lost through development due to a lack of understanding of the nature, or even, the existence of the site. This alone may be sufficient grounds for legislation. But what form should it take? And how should it be applied? If one looks at Europe a wide and bewildering range of alternatives presents itself. The following points already present themselves as fit for academic analysis.

1) Introduction and short history of National and International heritage Legislation as it affects Europe.
2) Multiplicity of Legal systems and Political/cultural ideologies conditioning, informing and governing the development of State laws and the interpretation of International conventions and treaties.
3) Areas of interaction and possible conflict between the parties directly and indirectly involved in the development and administration of heritage protection legislation.
4) The possible need for Education, not only for lawyers, Archaeologists and Planners but also for those involved in the various industries related to Development, and this in an age of mass transit includes tourism.

The above is only an indicator of the range of problems to be addressed when contemplating Heritage Law, also under consideration should be such points as:-
Why are we conserving the Past?
Who are we conserving it for?
Whose past are we conserving?

Not only do we need to consider practical developments but also to examine the theoretical underpinnings of the practices. This it is felt is an essential requirement especially in the area of Trans Boundary conservation projects and the application of International Conventions.

EAA Krakow