Intangible cultural heritage under national and international law : going beyond the 2003 UNESCO Convention / edited by Marie Cornu, Anita Vaivade, Lily Martinet, Clea Hance.

Format:

Book

Contributor:

Cornu, Marie, editor.

Vaivade, Anita, editor.

Martinet, Lily, editor.

Hance, Clea, editor.

Language:

English

Subjects (All):

Intangible property.

Cultural property--Protection (International law).

Cultural property.

Cultural property--Protection--Law and legislation.

Physical Description:

1 online resource (xvii, 208 pages)

Place of Publication:

Cheltenham, United Kingdom ; Northampton, Massachusetts : Edward Elgar Publishing, [2020]

Summary:

"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"-- Provided by publisher.

Contents:

Foreword

1 Introduction: Dialogues between international and national laws relating to intangible cultural heritage / 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 / Anita Vaivade

3 receiving in domestic law concepts born by the 2003 convention: Focus on the notion of community / Vincent Négri

4 defining the perimeter of the intangible cultural heritage: Focus on language / Marie Cornu

Part II: Interactions between intangible cultural heritage and other fields of law

5 the interactions between intangible cultural heritage and environmental law / Jérôme Fromageau

6 the interactions between intangible cultural heritage and human rights / Clea Hance

7 the interactions between intangible cultural heritage and intellectual property law / Lily Martinet

Part III: National legal tools to safeguard the intangible cultural heritage

8 the capacities of safeguarding intangible cultural heritage as legal tools / Marie Cornu and Clea Hance

9 translating the 2003 convention into national laws / Līga bele

10 defining intangible cultural heritage through inventories / Lily Martinet

Part IV: Justiciability and judicialization of intangible cultural heritage

11 balancing animal rights and the safeguarding of the intangible cultural heritage / Lily Martinet

12 the judicialization of heritagization procedures / Clea Hance and Lily Martinet

13 the judicialization of the tension between the cultural identity of states and intangible cultural heritage / Clea Hance

Afterword: Intangible heritage and national law

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Other Format:

Print version:

ISBN:

1-83910-003-6

OCLC:

1196838388