E-mail: [email protected]
Mobile: +964(0)7504731854
Protection of intangible cultural heritage in international law: the 2003 Convention as a model
Key words: Intangible heritage; Legal protection; Human rights; International law; Traditions; international mechanisms.
PROCEEDINGS OF 8th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law / Tishk International University
Date:1-2. February 2024
Venue: Kurdistan Region- Erbil
ISBN: 979-8-9890269-1-3
———————————————————————–———————————————————————–——————————–
Prof. Lect. Zaadi Mohamed Djelloul
University Akli Mhand Oulhaj – Bouira-Algeria
PHD Student. Mahdjoubi Zohra
University Algiers 2
———————————————————————–———————————————————————–——————————–
Abstract
Recent years have witnessed multiplication of the sources of threats to the intangible cultural heritage. Indeed, globalization had not only positive effects on societies, but in some cases it was embodied in negative repercussions, affecting the identity of some peoples at their core, given that this category of cultural heritage is not embodied on the ground only in a tangible form, but is manifested in the form of traditions, customs, skills, and experiences passed on from generation to generation verbally and behaviorally; therefore, preserving them in a safe and effective manner requires concerted efforts that require in turn activating the role of local associations that are placed on the front lines in order to draw features of the components of this heritage in a specific area and educate individuals about their true nature, rather, highlighting them at the regional and international levels as the characteristics of a people who are proud of their identity.
In view of the importance of this category of property, members of the international community worked to surround it with adequate legal protection, by programming a number of mechanisms aimed at strengthening the capacities of States to preserve and effectively protect components of intangible cultural heritage, perhaps the most prominent of which is the UNESCO Convention for the Protection of Intangible Cultural Heritage of 2003, which truly constituted a turning point in the international and local policy for the preservation of intangible cultural heritage.
Bibliography
A-Articles:
1-BLAKE Janet, From traditional culture and folklore to intangible cultural heritage: evolution of a treaty, Santander Art and Culture law review, N°02, Vol.03, 2017.
2-BLAKE Janet, Introduction to the draft preliminary study on the advisability of developing a standard-setting instrument for the protection of intangible cultural heritage, international round table about: «Intangible cultural heritage», working definitions, piedmont, Italy, 14 to 17 March 2001.
3-JAUSE Helga, UNESCO’s convention for safeguarding of the intangible cultural heritage and the ‘goodness criteria’, International Journal of Intangible Heritage, May 2003.
4-LEVZIRINI Federico, Intangible cultural heritage: the living culture of peoples, the European Journal of International Law, Vol.22, N°01, 2011.
5-PINAR Yelmi, Protectiong contemporary cultural soundscapes as intangible cultural heritage: sounds of Istambul, International Journal of heritage Studies, Vol.22, N°04, March 2016.
6-VADI Valentina, Intengible cultural heritage and trade, in: C. Waelde, C. Cummings, M. Parvis and H. Enright (eds.), research handbook on contemporary intangible cultural heritage, Cheltenham: Edward Elgar forthcoming, 2018.
7-Xiaoting Song, Yongzhong Yang, Ruo Yang, Mohsin Shafi, Keeping watch on intangible cultural heritage: live transmission and sustainable development of Chinese lacquer art, sustainability, Vol.11, N°3868, 2019.
B-Legal Texts:
B.1.National Legal Texts:
1-Loi N° 98-04 du 20 Safar 1419 correspondant au 15 juin 1998 relative à la protection du patrimoine culturel, Journal official de la république Algérienne, N°44, 17 Juin 1998.
2-Iraqi constitution of 2005.
B.2.International Legal Texts:
1-The convention on the protection of the underwater cultural heritage adopted in Paris, on November 2nd, 2001.
2-The convention for safeguarding of the intangible cultural heritage adopted in Paris, October 17th, 2003.