This book critically analyses the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, UNESCO's latest and ground-breaking treaty in the area of cultural heritage protection. Intangible cultural heritage is broadly understood as the social processes that inform our living cultures, and our social cohesion and identity as communities and peoples. On the basis of this conception, the Treaty proposes to turn our understanding of how, for whom, and why heritage is safeguarded on its head, by putting communities, groups and individuals at the centre of the safeguarding process. The commentary, written by leading experts in the field from all continents and multiple disciplines, provides an authoritative guide to interpreting and implementing not only this Treaty, but also its ripple effects on how we think about cultural heritage and our experience with it as a part of our living cultures. This book is of interest to lawyers, policy-makers, anthropologists, cultural diplomacy specialists, archaeologists, cultural heritage studies experts, and, foremost, the people who practice and enact this heritage.
I: Introduction Janet Blake: Introduction II: Commentary Janet Blake: The Preamble 1: James AR Nafziger: Article 1: Purposes of the Convention 2: Francesco Francioni: Article 2(1): Defining Intangible Cultural Heritage 3: Benedetta Ubertazzi: Article 2(2): Manifesting Intangible Cultural Heritage 4: Antonio Arantes: Article 2(3): Safeguarding Intangible Cultural Heritage 5: Folarin Shyllon: Article 2(4): Defining States 6: Lucas Lixinski: Article 3(a): Relationship to Other International Heritage Instruments 7: Lucas Lixinski and Janet Blake: Article 3(b): Relationship to Intellectual Property and Environmental Instruments 8: Guido Carducci: Articles 4-8: Organs of the Convention 9: Jorijn Neyrinck and Chiara Bortolotto: Article 9: Accreditation of Advisory Organizations 10: Cécile Duvelle: Article 10: The Role of the Secretariat in the Implementation of the Convention 11: Guido Carducci: Article 11: Role of States Parties 12: Marie Cornu and Rieks Smeets: Article 12: Inventories 13: Anita Vaivade: Article 13: Other Measures for Safeguarding. Developing Intangible Cultural Heritage Relating Policies and Legislation at National Level 14: Michelle L. Stefano and Wend Wendland: Article 13: Ethical and Legal Considerations in Researching, Documenting, and Ensuring Access to Intangible Cultural Heritage 15: Amy Strecker: Article 13(d)(ii): Respecting Customary Practices 16: Janet Blake: Article 14: Education, Awareness-raising and Capacity-building 17: Marc Jacobs: Article 15: Participation of Communities, Groups and Individuals - CGIs, not just 'the community' 18: Gabriele D'amico Soggetti: Article 15: Participation of Communities, Groups and Individuals - Participation and Democracy 19: Federico Lenzerini: Articles 16-17: Listing Intangible Cultural Heritage 20: Hanna Schreiber: Article 18: Programmes, Projects and Activities for the Safeguarding of the Intangible Cultural Heritage 21: Alessandro Chechi: Article 19: Cooperation 22: Ana Filipa Vrdoljak: Articles 20-24: International Assistance 23: Andrzej Jakubowski: Articles 25-28: Intangible Cultural Heritage Fund 24: Janet Blake and James AR Nafziger: Articles 29-30: Reports by the States Parties and the Committee 25: Noriko Aikawa-Faure: Article 31: Transitional Clause: Relationship to the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity 26: Folarin Shyllon: Article 32-34 Final Clauses 27: Ben Boer: Article 35: The Federal Clause 28: Folarin Shyllon: Article 36-40: Final Clauses III: Additional issues related to the 2003 convention 29: Antonio Arantes: Formation of the Notion of Safeguarding Adopted by the ICH Convention 30: Lucas Lixinski: The Convention for the Safeguarding of the Intangible Cultural Heritage and Human Rights: Relativism and Collectivism 2.0? 31: Matthew Bevins: Intangible Cultural Heritage Convention Emblem IV: Conclusion 32: Janet Blake and Lucas Lixinski: Tightropes of the Intangible Cultural Heritage Convention
Janet Blake is Associate Professor in Law at the University of Shahid Beheshti in Tehran. Since 1999, she has worked closely with UNESCO on the development and drafting of the 2003 Intangible Cultural Heritage Convention and acted as Rapporteur to the two Restricted Drafting Group meetings that developed the First Preliminary Draft of the Convention in 2002. She co-authored the recent review on the implementation of Intangible Heritage Convention for UNESCO. She is the author of International Cultural Heritage Law(OUP) and Commentary on the UNESCO 2003 Convention on the Safeguarding of the Intangible Cultural Heritage(ILA, 2006). Lucas Lixinski is Associate Professor at Faculty of Law, UNSW Sydney. He holds a PhD in International Law from the European University Institute. He is the author of Intangible Cultural Heritage in International Law (OUP 2013) and International Heritage Law for Communities: Exclusion and Re-Imagination (OUP 2019). He is Rapporteur of the International Law Association Committee on Participation in Global Heritage Governance.
Reviews for The 2003 UNESCO Intangible Heritage Convention: A Commentary
Overall this commentary constitutes a highly valuable addition to the legal literature on ICH safeguarding. It is an essential reference for understanding the inner workings of the 2003 Convention and the first fourteen years of its implementation. * Lily Martinet, International Journal of Heritage Studies *
