Intangible Cultural Heritage in International Law

Hardcover | July 10, 2013

byLucas Lixinski

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This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily oncritiques internal and external to the law. These external critiques primarily come from the disciplines of anthropology and heritage studies.Intangible cultural heritage is safeguarded on three different levels: international, regional, and national. At the international level, the foremost instrument is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives areundertaken both in schemes of political and economic integration, a common thread being that intangible cultural heritage helps promote a common identity for the region, becoming thus a desirable aspect of the integration process. Domestically, responses range from strong constitutional forms ofprotection to rather weak policy initiatives aimed primarily at attracting foreign aid.Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potential and pitfalls of human rights law, intellectual property tools, and contractual approaches. It investigates how the law works and ought to work towards protecting communities,defined as those from where intangible cultural heritage stems, and to whom benefits of its exploitation must return. The book takes the critiques from anthropological and heritage studies into account in order to posit a re-shaped law, offering tools that can be valuable to both scholars andpractitioners when understanding how to safeguard intangible heritage.

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This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily oncritiques internal and external to the law....

Dr Lucas Lixinski is the Dean's Postdoctoral Research Fellow at the University of New South Wales Faculty of Law (Sydney, Australia). He holds a PhD in International Law from the European University Institute (Florence, Italy). He researches and writes primarily in the areas of international cultural heritage law and international hum...
Format:HardcoverDimensions:300 pagesPublished:July 10, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199679509

ISBN - 13:9780199679508

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Table of Contents

1. IntroductionPart I - Institutional Responses2. International Framework3. Regional Responses4. National ResponsesPart II - Substantive Measures to Safeguard Intangible Heritage5. International Human Rights and Intangible Cultural Heritage6. Intellectual Property and Intangible Heritage7. Contractual Approaches8. Conclusions