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Proceedings from a conference "A global assessment of the 1989 recommendation on the safeguarding of traditional culture and folklore" held at the Smithsonian Institution June 27-30 1999. The purpose of the conference was to assess the implementation of the Recommendation (an international normative instrument adopted by UNESCO in 1989), to bring together points of view and perspectives on the Recommendaion from around the world, and suggest ways in which the Recommendation might develop in the future so that its purpose, the safeguarding of traditional culture and folklore, might be achieved.
This book covers intangible cultural heritage (ICH) governance through an Asia-Pacific context, making reference to the historical development of the international instruments guiding ICH policy. With a review of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage’s development, this work provides an understanding into why the Convention is the way it is, how it is developing, and how to apply it in different situations. Furthermore, dedicating sections to explain good governance and the manner through which the 2003 Convention hopes to influence good governance in the ICH field, the book will help readers to understand the major issues and barriers to good governance in this field. In addition, the case studies integrated in this volume provide tools and context with which to analyze ICH and ICH governance. Overall, the central questions answered in this work are ‘What is governance in terms of ICH safeguarding?’ and ‘How do interactions between global and local governance develop?’ The included experimental strategies for enhancing ICH safeguarding governance offer a glimpse into what may be possible. As the 2003 Convention is still relatively young, there is a need for in-depth research that covers the core governance issues that have arisen over the past decade. This book, being unique in its direct focus on ICH governance, will help fill this information gap and give readers a concise reference point for such issues.
Since Emer de Vattel’s (1714-1767) pioneerering work on the importance of the protection of cultural property in the interests of mankind and human society, international law has broadened the scope and strengthened protection in these areas. However, it is the work of UNESCO and it’s original mission of producing international instruments that has, in recent years, enhanced the protection and safeguarding of various types of cultural heritage. Providing an overview of the seven Conventions with the two Protocols adopted by UNESCO and UNIDROIT, this book offers comparative analysis of legal schemes for the protection or safeguarding of cultural heritage in 15 countries. This is the publication of the reports presented at the First Intersessional Thematic Congress of the International Academy of Comparative Law in November 2008.
Explores the interactions between culture and development and puts forward proposals in the form of an international agenda aimed at motivating people to recognize cultural challenges.
A Companion to Heritage Studies BLACKWELL COMPANIONS TO ANTHROPOLOGY A Companion to Heritage Studies “This Companion provides a gateway to heritage studies for students and scholars alike. Taken together, the essays testify to how exciting and dynamic this field has become.” Valdimar Tr. Hafstein, University of Iceland “Interdisciplinary and international in scope, A Companion to Heritage Studies succeeds in bringing together critical and practical, historicizing and future-oriented scholarship on what has become an all-pervasive global interest and industry, passion and resource.” Regina F. Bendix, Göttingen University, Germany “A vast and complete overview of the contemporary challenges of heritage preservation and management. This is an important book for practitioners, planners, and policy makers. The Companion fills a gap and helps address many of the uncomfortable questions heritage preservation is facing today.” Francesco Bandarin, Special Advisor to UNESCO for Heritage and Professor, University Iuav of Venice A Companion to Heritage Studies is a comprehensive, state-of-the-art survey of the interdisciplinary study of cultural heritage. Featuring a substantial framework-setting essay by the editors, and contributions from an international array of scholars, including some with extensive experience in heritage practice through UNESCO, the World Heritage Centre, ICOMOS and national heritage systems, this Companion offers a cutting-edge guide to this emergent and increasingly important field that is global in scope, cross-cultural in focus, and critical in approach. The selected essays have been innovatively organized into three sections on the expansion, use and abuse, and the recasting of heritage. The Companion covers all of the key themes in research, including old and new outlooks on cultural heritage and its management, heritage as a form of cultural politics, the emergence of critical heritage studies, the role of heritage in times of rapid change and conflict, heritage in environmental protection, the rise of intangible heritage, museums and digital heritage, World Heritage and tourism, and heritage ethics and human rights. A Companion to Heritage Studies will be an invaluable resource for students and scholars of anthropology, archeology, and cultural studies, as well as anyone interested in better understanding the historical, social, and political significance of heritage.
This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.
'This book performs a great service by drawing together the intellectual property law and experience of a number of countries in relation to the protection of traditional cultural expressions.' Peter Drahos, Australian National University This unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights. Intellectual Property and Traditional Cultural Expressions examines the possibility of protecting TCEs with copyright laws on the one hand, and 'origin related' intellectual property rights, such as trademarks, certification marks, geographical indications and laws against misrepresentation on the other. In particular, it examines which rights are conceptually best suited for the protection of TCEs, and appear more appropriate to meet the range of concerns raised by the holders of that knowledge and policymakers in culturally-rich developing countries. Providing a range of case studies, this book will prove a stimulating read for academics, practitioners, international organisations and policymakers. It will also greatly benefit law or political sciences postgraduate students with an interest in intellectual property and traditional knowledge, TCEs, and development.
This book presents a detailed analysis of the different approaches and measures for implementing the requirements of UNESCO’s 2003 Convention on Safeguarding Intangible Cultural Heritage (the Convention) and a practical interpretation of that treaty, based on the experience of States’ Parties and other primary actors. The book considers the interests of multiple stakeholders and takes account of how the Convention interacts with other international law regimes pertaining to both human rights and sustainable development.
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.