Intangible cultural heritage under national and international law : going beyond the 2003 UNESCO Convention

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Intangible cultural heritage under national and international law : going beyond the 2003 UNESCO Convention

edited by Marie Cornu, Anita Vaivade, Lily Martinet, Clea Hance

Edward Elgar Publishing, c2020

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Description

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 highlights challenging concepts, including the principle of participation and community and the nature of safeguarding. Through the analysis and synthesis of empirical data, the book also identifies new developments in cultural heritage law. This book will be an essential resource for scholars and students of cultural heritage law, as well as anthropology, ethnology, and cultural studies. Its panorama of national experiences will also be beneficial for persons involved in the safeguarding of intangible cultural heritage, including policy makers and NGOs.

Table of Contents

Contents: Foreword viii 1 Introduction: dialogues between international and national laws relating to intangible cultural heritage 1 Marie Cornu and Anita Vaivade PART I THE STANCE OF STATES TOWARDS THE CATEGORY OF 'INTANGIBLE CULTURAL HERITAGE' 2 Linking new intangible cultural heritage law with a legal past 16 Anita Vaivade 3 Receiving in domestic law concepts born by the 2003 Convention: focus on the notion of community 44 Vincent Negri 4 Defining the perimeter of the intangible cultural heritage: focus on language 54 Marie Cornu PART II INTERACTIONS BETWEEN INTANGIBLE CULTURAL HERITAGE AND OTHER FIELDS OF LAW 5 The interactions between intangible cultural heritage and environmental law 69 Jerome Fromageau 6 The interactions between intangible cultural heritage and human rights 81 Clea Hance 7 The interactions between intangible cultural heritage and intellectual property law 97 Lily Martinet PART III NATIONAL LEGAL TOOLS TO SAFEGUARD THE INTANGIBLE CULTURAL HERITAGE 8 The capacities of safeguarding intangible cultural heritage as legal tools 124 Marie Cornu and Clea Hance 9 Translating the 2003 Convention into national laws 135 Liga bele 10 Defining intangible cultural heritage through inventories 145 Lily Martinet PART IV JUSTICIABILITY AND JUDICIALIZATION OF INTANGIBLE CULTURAL HERITAGE 11 Balancing animal rights and the safeguarding of the intangible cultural heritage 153 Lily Martinet 12 The judicialization of heritagization procedures 164 Clea Hance and Lily Martinet 13 The judicialization of the tension between the cultural identity of states and intangible cultural heritage 173 Clea Hance Afterword: intangible heritage and national law 181 Index

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