Publisher Description

Intangible Heritage fills a significant gap in the heritage literature available and represents a significant cross section of ideas and practices associated with intangible cultural heritage. The authors brought together for this volume represent some of the key academics and practitioners working in the area, and discuss research and practices from a range of countries.

Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

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.

The UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage came into force in 2006, framing the international and national practices and policies associated with intangible cultural heritage. This volume critically and reflexively examines these practices and policies, providing an accessible account of the different ways in which intangible cultural heritage has been defined and managed in both national and international contexts. As Safeguarding Intangible Heritage reveals, the concept and practices of safeguarding are complicated and often contested, and there is a need for international debate about the meaning, nature and value of heritage and what it means to ‘safeguard’ it. Safeguarding Intangible Heritage presents a significant cross section of ideas and practices from some of the key academics and practitioners working in the area, whose areas of expertise span anthropology, law, heritage studies, linguistics, archaeology, museum studies, folklore, architecture, Indigenous studies and history. The chapters in this volume give an overarching analysis of international policy and practice and critically frame case studies that analyze practices from a range of countries, including Australia, Canada, China, Indonesia, Japan, Korea, Kyrgyzstan, New Zealand, Taiwan, the UK and Zimbabwe. With a focus on conceptual and theoretical issues, this follow-up to Intangible Heritage, by the same editors, will be of great interest to students, scholars and professionals working in the fields of heritage and museum studies, heritage conservation, heritage tourism, global history, international relations, art and architectural history, and linguists.

This volume provides a variety of international perspectives on these issues, exploring how holistic and integrated approaches to safeguarding ICH offer an opportunity to move beyond the rhetoric of UNESCO; in partiular, the authors demonstrate that the alternative methods and attitudes that frequently exist at a local level can be the most effective way of safeguarding ICH.

Practical Considerations for Safeguarding Intangible Cultural Heritage examines theoretical issues relating to intangible cultural heritage policy and practice, whilst also proposing practical ways to facilitate the safeguarding of such heritage. Providing guidelines for best practice that take into account the constraints of the UNESCO-ICH paradigm, Stefano examines the principles and practices of two alternative and largely non-UNESCO frameworks for sustaining living cultural traditions: the philosophy of ecomuseology, and the discipline of public folklore in the context of the U.S. Arguing that they offer more collaborative, equitable, and effective ways forward for safeguarding ICH, Stefano demonstrates how they can address the limitations of the UNESCO-ICH paradigm. Importantly, the book offers a personal perspective, grounded in the author’s public sector work, which allows the ICH discourse to move beyond critical analysis and explore realistic, alternative ways in which ICH can be collaboratively and equitably safeguarded. Practical Considerations for Safeguarding Intangible Cultural Heritage proposes guidelines for professionals, researchers, and communities that foster safeguarding approaches that are as unique and nuanced as ICH expressions themselves. The interdisciplinary nature of the book will ensure that it is useful to those interested in community-led ICH safeguarding, as well as the impacts of UNESCO’s 2003 Convention, in diverse geographic, political, economic, and sociocultural contexts.

In this comparative, international study Marilena Alivizatou investigates the relationship between museums and the new concept of “intangible heritage.” She charts the rise of intangible heritage within the global sphere of UN cultural policy and explores its implications both in terms of international politics and with regard to museological practice and critical theory. Using a grounded ethnographic methodology, Alivizatou examines intangible heritage in the local complexities of museum and heritage work in Oceania, the Americas and Europe. This multi-sited, cross-cultural approach highlights key challenges currently faced by cultural institutions worldwide in understanding and presenting this form of heritage.

Intangible Cultural Heritage (ICH) has recently grown as an analytical construct for documenting and interpreting culture, and as a canonical term to support official concepts of heritage. ICH, while compelling scholars to explore its multiple forms of expressive culture, has become codified through UNESCO, specifically within the 2003 Convention for the Safeguarding of ICH. This volume explores case studies from Gabon, India, Mozambique, Sri Lanka, and the USA to represent diverse positionalities and voices articulating the complexities, ambiguities and uncertainties within heritage discourses. The chapters illustrate how ICH, in the midst of the COVID-19 pandemic, has become an analytical resource and a proscriptive device for safeguarding, presenting, and interpreting culture to a range of constituents, and will serve as a useful resource in the classroom for a range of fields, as well as for scholars and practitioners.

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.