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Is there a universal right to the free expression and preservation of cultural heritage, and if so, where is that right articulated and how can it be protected? No corner of today’s world has escaped the effects of globalization – for better or worse. This volume addresses a deeply political aspect of heritage preservation and management as it relates to human rights.
This theoretically innovative anthology investigates the problematic linkages between conserving cultural heritage, maintaining cultural diversity, defining and establishing cultural citizenship, and enforcing human rights. It is the first publication to address the notions of cultural diversity, cultural heritage and human rights in one volume. Heritage provides the basis of humanity’s rich cultural diversity. While there is a considerable literature dealing separately with cultural diversity, cultural heritage and human rights, this book is distinctive and has contemporary relevance in focusing on the intersection between the three concepts. Cultural Diversity, Heritage and Human Rights establishes a fresh approach that will interest students and practitioners alike and on which future work in the heritage field might proceed.
This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.
Are human rights universal? The immediate response is "yes, of course." However, that simple affirmation assumes agreement about definitions of the "human" as well as what a human is entitled to under law, bringing us quickly to concepts such as freedom, property, and the inalienability of both. The assumption that we all mean the same things by these terms carries much political import, especially given that different communities (national, ethnic, religious, gendered) enact some of the most basic categories of human experience (self, home, freedom, sovereignty) differently. But whereas legal definitions often seek to eliminate ambiguity in order to define and protect the rights of humanity, ambiguity is in fact inherently human, especially in performances of heritage where the rights to sense, to imagine, and to claim cultural identities that resist circumscription are at play. Cultural Heritage in Transit examines the intangibilities of human rights in the realm of heritage production, focusing not only on the ephemeral culture of those who perform it but also on the ambiguities present in the idea of cultural property in general—who claims it? who may use it? who should not but does? In this volume, folklorists, ethnologists, and anthropologists analyze the practice and performance of culture in particular contexts—including Roma wedding music, Trinidadian wining, Moroccan verbal art, and Neopagan rituals—in order to draw apart the social, political, and aesthetic materialities of heritage production, including inequities and hierarchies that did not exist before. The authors collectively craft theoretical frameworks to make sense of the ways the rights of nations interact with the rights of individuals and communities when the public value of artistic creations is constituted through international law. Contributors: Valdimar Tr. Hafstein, Deborah Kapchan, Barbro Klein, Sabina Magliocco, Dorothy Noyes, Philip W. Scher, Carol Silverman.
Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.
This book provides both a review of World Heritage policy at the global level and case studies from Asia-Pacific (including Australia, South and Southeast Asia and China) of how human rights issues impact on both natural and cultural heritage sites and their management.
This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples.
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.
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.
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.