Intangible Cultural Heritage Under National And International Law

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Intangible Cultural Heritage Under National and International Law

Marie Cornu,Anita Vaivade,Lily Martinet,Clea Hance
Intangible Cultural Heritage Under National and International Law Book PDF

Author : Marie Cornu,Anita Vaivade,Lily Martinet,Clea Hance
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 46,5 Mb
Release : 2020-09-25
Category : Law
ISBN : 9781839100031

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Intangible Cultural Heritage Under National and International Law by Marie Cornu,Anita Vaivade,Lily Martinet,Clea Hance Pdf

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

Lucas Lixinski
Intangible Cultural Heritage in International Law Book PDF

Author : Lucas Lixinski
Publisher : OUP Oxford
Page : 295 pages
File Size : 48,8 Mb
Release : 2013-06-13
Category : Law
ISBN : 9780199679508

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Intangible Cultural Heritage in International Law by Lucas Lixinski Pdf

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

Pier Luigi Petrillo
The Legal Protection of the Intangible Cultural Heritage Book PDF

Author : Pier Luigi Petrillo
Publisher : Springer
Page : 262 pages
File Size : 42,5 Mb
Release : 2019-06-26
Category : Law
ISBN : 9783319729831

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The Legal Protection of the Intangible Cultural Heritage by Pier Luigi Petrillo Pdf

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

Lucas Lixinski
Intangible Cultural Heritage in International Law Book PDF

Author : Lucas Lixinski
Publisher : OUP Oxford
Page : 296 pages
File Size : 49,8 Mb
Release : 2013-06-13
Category : Law
ISBN : 9780191668906

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Intangible Cultural Heritage in International Law by Lucas Lixinski Pdf

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 on critiques 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 are undertaken 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 of protection 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 and practitioners when understanding how to safeguard intangible heritage.

International Law and the Protection of Cultural Heritage

Craig Forrest
International Law and the Protection of Cultural Heritage Book PDF

Author : Craig Forrest
Publisher : Routledge
Page : 482 pages
File Size : 48,8 Mb
Release : 2012-08-06
Category : Law
ISBN : 9781135224509

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International Law and the Protection of Cultural Heritage by Craig Forrest Pdf

The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.

Research Handbook on Contemporary Intangible Cultural Heritage

Charlotte Waelde,Catherine Cummings,Mathilde Pavis
Research Handbook on Contemporary Intangible Cultural Heritage Book PDF

Author : Charlotte Waelde,Catherine Cummings,Mathilde Pavis
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 50,5 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781786434012

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Research Handbook on Contemporary Intangible Cultural Heritage by Charlotte Waelde,Catherine Cummings,Mathilde Pavis Pdf

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.

The 2003 UNESCO Intangible Heritage Convention

Janet Blake,Lucas Lixinski
The 2003 UNESCO Intangible Heritage Convention Book PDF

Author : Janet Blake,Lucas Lixinski
Publisher : Oxford University Press, USA
Page : 557 pages
File Size : 49,6 Mb
Release : 2020-02-06
Category : Law
ISBN : 9780198824787

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The 2003 UNESCO Intangible Heritage Convention by Janet Blake,Lucas Lixinski Pdf

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.

Transboundary Heritage and Intellectual Property Law

Patricia Covarrubia
Transboundary Heritage and Intellectual Property Law Book PDF

Author : Patricia Covarrubia
Publisher : Taylor & Francis
Page : 172 pages
File Size : 43,9 Mb
Release : 2022-11-30
Category : Law
ISBN : 9781000791044

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Transboundary Heritage and Intellectual Property Law by Patricia Covarrubia Pdf

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.

Intangible Heritage

Laurajane Smith,Natsuko Akagawa
Intangible Heritage Book PDF

Author : Laurajane Smith,Natsuko Akagawa
Publisher : Routledge
Page : 563 pages
File Size : 43,5 Mb
Release : 2008-12-03
Category : Business & Economics
ISBN : 9781134026494

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Intangible Heritage by Laurajane Smith,Natsuko Akagawa Pdf

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.

The Oxford Handbook of International Cultural Heritage Law

Francesco Francioni,Ana Filipa Vrdoljak
The Oxford Handbook of International Cultural Heritage Law Book PDF

Author : Francesco Francioni,Ana Filipa Vrdoljak
Publisher : Oxford University Press
Page : 1024 pages
File Size : 49,8 Mb
Release : 2020-07-30
Category : Law
ISBN : 9780192603715

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The Oxford Handbook of International Cultural Heritage Law by Francesco Francioni,Ana Filipa Vrdoljak Pdf

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.

Practical Considerations for Safeguarding Intangible Cultural Heritage

Michelle L. Stefano
Practical Considerations for Safeguarding Intangible Cultural Heritage Book PDF

Author : Michelle L. Stefano
Publisher : Routledge
Page : 234 pages
File Size : 50,9 Mb
Release : 2021-07-23
Category : Art
ISBN : 9781000412383

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Practical Considerations for Safeguarding Intangible Cultural Heritage by Michelle L. Stefano Pdf

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.

Cultural Heritage Ethics

Constantine Sandis
Cultural Heritage Ethics Book PDF

Author : Constantine Sandis
Publisher : Open Book Publishers
Page : 228 pages
File Size : 44,7 Mb
Release : 2014-10-13
Category : Art
ISBN : 9781783740673

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Cultural Heritage Ethics by Constantine Sandis Pdf

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.

Enforcing International Cultural Heritage Law

Francesco Francioni,James Gordley
Enforcing International Cultural Heritage Law Book PDF

Author : Francesco Francioni,James Gordley
Publisher : Oxford University Press
Page : 280 pages
File Size : 47,5 Mb
Release : 2013-06-06
Category : Law
ISBN : 9780199680245

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Enforcing International Cultural Heritage Law by Francesco Francioni,James Gordley Pdf

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.

Advanced Introduction to Cultural Heritage Law

Lorenzo Casini
Advanced Introduction to Cultural Heritage Law Book PDF

Author : Lorenzo Casini
Publisher : Edward Elgar Publishing
Page : 171 pages
File Size : 42,9 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781789900071

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Advanced Introduction to Cultural Heritage Law by Lorenzo Casini Pdf

Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. In addition to answering fundamental questions on cultural property, Casini connects national and global aspects of cultural heritage law, dissects old and contemporary dilemmas, and examines the future challenges of cultural heritage law in the digital age.

Anthropological Perspectives on Intangible Cultural Heritage

Lourdes Arizpe,Cristina Amescua
Anthropological Perspectives on Intangible Cultural Heritage Book PDF

Author : Lourdes Arizpe,Cristina Amescua
Publisher : Springer Science & Business Media
Page : 145 pages
File Size : 51,9 Mb
Release : 2013-06-04
Category : Law
ISBN : 9783319008554

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Anthropological Perspectives on Intangible Cultural Heritage by Lourdes Arizpe,Cristina Amescua Pdf

A decade after the approval of the UNESCO 2003 Convention for the Safeguarding of Intangible Cultural Heritage (ICH), the concept has gained wide acceptance at the local, national and international levels. Communities are recognizing and celebrating their Intangible Heritage; governments are devoting important efforts to the construction of national inventories; and anthropologists and professionals from different disciplines are forming a new field of study. The ten chapters of this book include the peer-reviewed papers of the First Planning Meeting of the International Social Science Council’s Commission on Research on ICH, which was held at the Centro Regional de Investigaciones Multidisciplinarias (UNAM) in Cuernavaca, Mexico in 2012. The papers are based on fieldwork and direct involvement in assessing and reconceptualizing the outcomes of the UNESCO Convention. The report in Appendix 1 highlights the main points raised during the sessions.