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Intangible Cultural Heritage Under National and International Law

Intangible Cultural Heritage Under National and International Law
Author: Marie Cornu
Publisher: Edward Elgar Publishing
Total Pages: 224
Release: 2020-09-25
Genre: Law
ISBN: 1839100036

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This illuminating book offers an authoritative analysis of the legal issues relating to safeguarding intangible cultural heritage. Taking a critical approach, it provides a unique insight into the impact of international and national law on the present and future safeguarding processes of intangible cultural heritage. Expert contributors draw on the results of an international study conducted in 26 countries to illustrate how domestic laws comprehend the notion of intangible cultural heritage. The book explores the relationship that these states maintain with the safeguarding of intangible cultural heritage and highlight challenging concepts.


Intangible Cultural Heritage in International Law

Intangible Cultural Heritage in International Law
Author: Lucas Lixinski
Publisher: OUP Oxford
Total Pages: 295
Release: 2013-06-13
Genre: Law
ISBN: 0199679509

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Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.


The Legal Protection of the Intangible Cultural Heritage

The Legal Protection of the Intangible Cultural Heritage
Author: Pier Luigi Petrillo
Publisher: Springer
Total Pages: 262
Release: 2019-06-26
Genre: Law
ISBN: 3319729837

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This book describes the global legal framework for safeguarding the “Intangible Cultural Heritage” – as defined by the UNESCO Convention in 2003 – and analyses its use in selected countries in the Americas, Asia, Africa and Europe. Each of the contributions has been prepared by high profile experts and strategically addresses countries that are representative for their corresponding area. Our understanding of the term “Cultural Heritage” has changed considerably over the past few decades, and it is becoming increasingly clear that the concept also includes traditions and living expressions that we inherit from our ancestors and pass on to our descendants. UNESCO has recognised and responded to this change of perspective, creating through the 2003 Convention an international instrument for safeguarding the “Intangible Cultural Heritage”, a notion including oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe, as well as the knowledge and skills needed to produce traditional crafts. New values, practices and heritages were recognized – from the ancient African rituals to the Mexican Mariachi musical expression to the Brazilian Samba and the Mediterranean Diet – all of which convey strong social and cultural meaning for their community's identity. Intangible Cultural Heritage is a growing, relatively recent field of study and also an emblem of the dialogue between distant populations with different cultures, which is the reason why a comparative approach is the most appropriate basis for conducting an analysis of how the contracting states to the Convention live up to their commitments through national safeguarding measures and enhancement policies or through international cooperation projects.


Enforcing International Cultural Heritage Law

Enforcing International Cultural Heritage Law
Author: Francesco Francioni
Publisher:
Total Pages: 280
Release: 2013-06-06
Genre: Law
ISBN: 0199680248

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Cultural heritage property can be protected in a variety of ways, including at the international level, by enforcement in domestic courts, and through alternative dispute resolution mechanisms. This book sets out the legal framework applicable to cultural heritage and assesses how this works in practice, including in situations of conflict.


The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press
Total Pages: 1024
Release: 2020-07-30
Genre: Law
ISBN: 019260371X

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This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.


International Cultural Heritage Law

International Cultural Heritage Law
Author: Janet E. Blake
Publisher:
Total Pages: 385
Release: 2015
Genre: Law
ISBN: 0198723512

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This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed. Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage. Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.


Practical Considerations for Safeguarding Intangible Cultural Heritage

Practical Considerations for Safeguarding Intangible Cultural Heritage
Author: Michelle L. Stefano
Publisher: Routledge
Total Pages: 234
Release: 2021-07-23
Genre: Art
ISBN: 1000412385

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Practical Considerations for Safeguarding Intangible Cultural Heritage examines theoretical issues relating to intangible cultural heritage policy and practice, whilst also proposing practical ways to facilitate the safeguarding of such heritage. Providing guidelines for best practice that take into account the constraints of the UNESCO-ICH paradigm, Stefano examines the principles and practices of two alternative and largely non-UNESCO frameworks for sustaining living cultural traditions: the philosophy of ecomuseology, and the discipline of public folklore in the context of the U.S. Arguing that they offer more collaborative, equitable, and effective ways forward for safeguarding ICH, Stefano demonstrates how they can address the limitations of the UNESCO-ICH paradigm. Importantly, the book offers a personal perspective, grounded in the author’s public sector work, which allows the ICH discourse to move beyond critical analysis and explore realistic, alternative ways in which ICH can be collaboratively and equitably safeguarded. Practical Considerations for Safeguarding Intangible Cultural Heritage proposes guidelines for professionals, researchers, and communities that foster safeguarding approaches that are as unique and nuanced as ICH expressions themselves. The interdisciplinary nature of the book will ensure that it is useful to those interested in community-led ICH safeguarding, as well as the impacts of UNESCO’s 2003 Convention, in diverse geographic, political, economic, and sociocultural contexts.


Intangible Heritage

Intangible Heritage
Author: Laurajane Smith
Publisher: Routledge
Total Pages: 563
Release: 2008-12-03
Genre: Business & Economics
ISBN: 1134026498

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This volume examines the implications and consequences of the idea of ‘intangible heritage’ to current international academic and policy debates about the meaning and nature of cultural heritage and the management processes developed to protect it. It provides an accessible account of the different ways in which intangible cultural heritage has been defined and managed in both national and international contexts, and aims to facilitate international debate about the meaning, nature and value of not only intangible cultural heritage, but heritage more generally. Intangible Heritage fills a significant gap in the heritage literature available and represents a significant cross section of ideas and practices associated with intangible cultural heritage. The authors brought together for this volume represent some of the key academics and practitioners working in the area, and discuss research and practices from a range of countries, including: Zimbabwe, Morocco, South Africa, Japan, Australia, United Kingdom, the Netherlands, USA, Brazil and Indonesia, and bring together a range of areas of expertise which include anthropology, law, heritage studies, archaeology, museum studies, folklore, architecture, Indigenous studies and history.


Transboundary Heritage and Intellectual Property Law

Transboundary Heritage and Intellectual Property Law
Author: Patricia Covarrubia
Publisher: Taylor & Francis
Total Pages: 172
Release: 2022-11-30
Genre: Law
ISBN: 1000791041

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Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.


International Law and the Protection of Cultural Heritage

International Law and the Protection of Cultural Heritage
Author: Craig Forrest
Publisher: Routledge
Total Pages: 482
Release: 2010
Genre: Art
ISBN: 0415467810

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Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.