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Intangible Cultural Heritage Under National and International Law
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Intangible Cultural Heritage Under National and International Law

Going Beyond the 2003 UNESCO Convention

9781839100024 Edward Elgar Publishing
Edited by Marie Cornu, Institute for Political Social Sciences, French National Centre for Scientific Research; ENS Paris-Saclay and University Paris Nanterre, France, Anita Vaivade, Latvian Academy of Culture, Latvia, Lily Martinet, Max Planck Institute Luxembourg for Procedural Law, Luxembourg and Clea Hance, University Paris-Saclay and Fondation des Sciences du Patrimoine, France
Publication Date: 2020 ISBN: 978 1 83910 002 4 Extent: 224 pp
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.

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Critical Acclaim
Contributors
Contents
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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.
Critical Acclaim
‘The legal regimes related to intangible cultural heritage are extraordinarily complex. This book succeeds in showing this complexity. It presents a remarkably comprehensive picture of regulatory approaches at international, national and local level, the implementation of the UNESCO Convention and the relationship of intangible cultural heritage to various fields of law. The book throws up many questions for further inquiry and is highly recommended reading for everyone seeking a nuanced understanding of this emerging field of multidisciplinary research and practice.’
– Christoph Antons, The University of Newcastle, Australia
Contributors
Contributors: L. Ābele, J. Blake, M. Cornu, H. Deacon, J. Fromageau, C. Hance, L. Martinet, V. Négri, A. Vaivade
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 Négri
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
Jérôme 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
Līga  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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