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

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.

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

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.

Cultural Heritage and International Law

Cultural Heritage and International Law
Author: Evelyne Lagrange
Publisher: Springer
Total Pages: 289
Release: 2018-07-04
Genre: Law
ISBN: 3319787896

This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.

Cultural Heritage Ethics

Cultural Heritage Ethics
Author: Constantine Sandis
Publisher: Open Book Publishers
Total Pages: 230
Release: 2014-10-13
Genre: Art
ISBN: 1783740671

Theory without practice is empty, practice without theory is blind, to adapt a phrase from Immanuel Kant. The sentiment could not be truer of cultural heritage ethics. This intra-disciplinary book bridges the gap between theory and practice by bringing together a stellar cast of academics, activists, consultants, journalists, lawyers, and museum practitioners, each contributing their own expertise to the wider debate of what cultural heritage means in the twenty-first century. Cultural Heritage Ethics provides cutting-edge arguments built on case studies of cultural heritage and its management in a range of geographical and cultural contexts. Moreover, the volume feels the pulse of the debate on heritage ethics by discussing timely issues such as access, acquisition, archaeological practice, curatorship, education, ethnology, historiography, integrity, legislation, memory, museum management, ownership, preservation, protection, public trust, restitution, human rights, stewardship, and tourism. This volume is neither a textbook nor a manifesto for any particular approach to heritage ethics, but a snapshot of different positions and approaches that will inspire both thought and action. Cultural Heritage Ethics provides invaluable reading for students and teachers of philosophy of archaeology, history and moral philosophy – and for anyone interested in the theory and practice of cultural preservation.

The 2003 UNESCO Intangible Heritage Convention

The 2003 UNESCO Intangible Heritage Convention
Author: Janet Blake
Publisher: Oxford University Press, USA
Total Pages: 557
Release: 2020-02-06
Genre: Law
ISBN: 0198824785

This book critically analyses the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, UNESCO's latest and ground-breaking treaty in the area of cultural heritage protection. Intangible cultural heritage is broadly understood as the social processes that inform our living cultures, and our social cohesion and identity as communities and peoples. On the basis of this conception, the Treaty proposes to turn our understanding of how, for whom, and why heritage is safeguarded on its head, by putting communities, groups and individuals at the centre of the safeguarding process. The commentary, written by leading experts in the field from all continents and multiple disciplines, provides an authoritative guide to interpreting and implementing not only this Treaty, but also its ripple effects on how we think about cultural heritage and our experience with it as a part of our living cultures. This book is of interest to lawyers, policy-makers, anthropologists, cultural diplomacy specialists, archaeologists, cultural heritage studies experts, and, foremost, the people who practice and enact this heritage.

Law and Intangible Cultural Heritage in the City

Law and Intangible Cultural Heritage in the City
Author: Sara Ross
Publisher: Routledge
Total Pages: 203
Release: 2019-06-20
Genre: Art
ISBN: 1000024504

With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities. This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives. The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal 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

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.

Research Handbook on Contemporary Intangible Cultural Heritage

Research Handbook on Contemporary Intangible Cultural Heritage
Author: Charlotte Waelde
Publisher: Edward Elgar Publishing
Total Pages: 449
Release: 2018-09-28
Genre: Law
ISBN: 1786434016

Bringing together key insights from expert legal and heritage academics and practitioners, this book explores the existence and safeguarding of contemporary forms of intangible cultural heritage (ICH). Providing a detailed analysis of the international legal frameworks relevant to ICH, the contributing authors then go on to challenge the pervasive view that heritage is about ‘old’ tangible objects by highlighting the existence, role and importance of contemporary forms of ICH to modern society.

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

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.