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The 2003 UNESCO Intangible Heritage Convention - A Commentary edited by Blake, Janet; Lixinski, Lucas (23rd January 2020)

Part II Commentary, Art.31 Transitional Clause on the Relationship to the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity

Noriko Aikawa-Faure

From: The 2003 UNESCO Intangible Heritage Convention: A Commentary

Edited By: Janet Blake, Lucas Lixinski

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 29 May 2020

Subject(s):
Cultural property / heritage

This chapter focuses on Article 31, which specifies the relationship of the 2003 Convention to the UNESCO programme for the Proclamation of the Masterpieces of the Oral and Intangible Heritage of Humanity (‘Proclamation programme’). It shows that different stages of the drafting process of the Convention are reflected throughout the terms used in Article 31. They are closely connected with crucial debates concerning the Representative List and the criterion of ‘having outstanding value’, the underpinning criterion of the Proclamation programme. Throughout the negotiation of the Convention, the Asian and African States were in favour of introducing this concept into the new Convention. Some of the Asian countries, such as Japan and the Republic of Korea, had a long tradition of state protection of their ICH. Naturally, these countries proposed introducing their national List-based mechanisms together with the criterion of ‘excellence’ at the international level.

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