This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily on critiques internal and external to the law. These external critiques primarily come from the disciplines of anthropology and heritage studies. Intangible cultural heritage is safeguarded on three different levels: international, regional, and national. At the international level, the foremost instrument is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives are undertaken both in schemes of political and economic integration, a common thread being that intangible cultural heritage helps promote a common identity for the region, becoming thus a desirable aspect of the integration process. Domestically, responses range from strong constitutional forms of protection to rather weak policy initiatives aimed primarily at attracting foreign aid. Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potential and pitfalls of human rights law, intellectual property tools, and contractual approaches. It investigates how the law works and ought to work towards protecting communities, defined as those from where intangible cultural heritage stems, and to whom benefits of its exploitation must return. The book takes the critiques from anthropological and heritage studies into account in order to posit a re-shaped law, offering tools that can be valuable to both scholars and practitioners when understanding how to safeguard intangible heritage.
Les mer
Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.
Les mer
1. Introduction ; PART I - INSTITUTIONAL RESPONSES ; 2. International Framework ; 3. Regional Responses ; 4. National Responses ; PART II - SUBSTANTIVE MEASURES TO SAFEGUARD INTANGIBLE HERITAGE ; 5. International Human Rights and Intangible Cultural Heritage ; 6. Intellectual Property and Intangible Heritage ; 7. Contractual Approaches ; 8. Conclusions
Les mer
Lixinski's book covers an extensive range of issues spanning across various fields of international laws, offering a much-needed multi-dimensional perspective to ICH protection ... It is a welcome addition to the literature and an informative resource that should prompt other scholars and practitioners to re-think ICH protection from a new, multi-dimensional perspective.
Les mer
Provides a comprehensive assessment of the legal protection of intangible cultural heritage: the traditional practices, expressions, knowledge, and skills that form the culture of a community Explores the links between intangible cultural heritage protection and other bodies of law, including human rights law, intellectual property protection, and contract law Analyses the criticisms directed against the legal protection of intangible cultural heritage from within anthropology and cultural studies literature
Les mer
Dr Lucas Lixinski is the Dean's Postdoctoral Research Fellow at the University of New South Wales Faculty of Law (Sydney, Australia). He holds a PhD in International Law from the European University Institute (Florence, Italy). He researches and writes primarily in the areas of international cultural heritage law and international human rights law. He is Brazilian, and received his first law degree from the Universidade Federal do Rio Grande do Sul (Porto Alegre, Brazil).
Les mer
Provides a comprehensive assessment of the legal protection of intangible cultural heritage: the traditional practices, expressions, knowledge, and skills that form the culture of a community Explores the links between intangible cultural heritage protection and other bodies of law, including human rights law, intellectual property protection, and contract law Analyses the criticisms directed against the legal protection of intangible cultural heritage from within anthropology and cultural studies literature
Les mer

Produktdetaljer

ISBN
9780199679508
Publisert
2013
Utgiver
Vendor
Oxford University Press
Vekt
596 gr
Høyde
237 mm
Bredde
162 mm
Dybde
23 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
296

Forfatter

Biographical note

Dr Lucas Lixinski is Lecturer at the University of New South Wales Faculty of Law (Sydney, Australia). He holds a PhD in International Law from the European University Institute (Florence, Italy). He researches and writes primarily in the areas of international cultural heritage law and international human rights law. He is Brazilian, and received his first law degree from the Universidade Federal do Rio Grande do Sul (Porto Alegre, Brazil).