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Contents
The 2003 UNESCO Intangible Heritage Convention - A Commentary edited by Blake, Janet; Lixinski, Lucas (23rd January 2020)
- Preliminary Material
- Frontispiece
- Series Editors’ Preface
- Preface
- Acknowledgements
- Table of Contents
- Table of Cases
- Australia
- Canada
- Inter-American Court of Human Rights
- International Court of Justice
- NAFTA arbitral awards
- UNESCO Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage (UNESCO Intergovernmental Committee) Decisions
- Conference of the Parties (COP)
- Executive Board Session
- UNESCO
- Table of Legislation
- Table of Treaties and International Instruments
- Notes on Contributors
- Main Text
- Part I Introduction
- Part II Commentary
- The Preamble
- Art.1 Purposes of the Convention
- Preliminary Material
- Introduction
- Safeguarding the Intangible Cultural Heritage
- Contexts
- Definitions
- Subsequent Practices
- Ensuring Respect for the Intangible Heritage of Communities, Groups, and Individuals Concerned, and Awareness of the Importance and Mutual Appreciation of It
- Providing for International Co-operation and Assistance
- Concluding Comment
- Art.2(1) Defining Intangible Cultural Heritage
- Art.2(2) Manifesting Intangible Cultural Heritage
- Art.2(3) Safeguarding Intangible Cultural Heritage
- Art.2(4) Defining States
- Art.3(a) Relationship to Other International Heritage Instruments
- Art.3(b) Relationship to Intellectual Property and Environmental Instruments
- Art.4–8 Organs of the Convention
- Art.9 Accreditation of Advisory Organizations
- Art.10 The Role of the Secretariat in the Implementation of the Convention
- Art.11 Role of States Parties
- Preliminary Material
- Introduction
- First Paragraph
- Obligations and Milder Obligations in the National Safeguarding of ICH
- Territorial Limitation and the Specificity of ICH
- Joint Requests and the Operational Directives
- Inaccurate or Misleading Common Places vs a Non-Selective National Obligation to Safeguard ICH
- What are the Safeguarding and the Necessary Measures?
- The Second Paragraph
- The Convention’s Directives and Article 11
- Concluding Remarks
- Art.12 Inventories
- Art.13 Other Measures for Safeguarding: Developing Intangible Cultural Heritage Policies and Legislation at the National Level
- Preliminary Material
- Introductory Insights and Preceding Influences
- Principles of National Sovereignty and Participation
- General Policy on Intangible Cultural Heritage
- Building Institutional Competencies and Capacities
- Integrating Intangible Heritage in Diverse Policies
- Periodic Reporting and Concluding Observations
- Art.13 Ethical and Legal Considerations in Researching, Documenting, and Ensuring Access to Intangible Cultural Heritage
- Art.13(d)(ii) Respecting Customary Practices
- Art.14 Education, Awareness-Raising, and Capacity-Building
- Preliminary Material
- Drafting History
- The Wider Legal Context
- Measures to be Taken at the National Level
- Educational, Awareness-Raising, and Information Programmes
- Specific Educational and Training Programmes Within the Communities and Groups Concerned
- Capacity-Building Activities for Safeguarding ICH, Especially Management and Scientific Research
- Non-Formal Means of Transmitting Knowledge
- Public Access to Information
- Education for the Protection of Natural Spaces and Places of Memory
- Conclusion
- Art.15 Participation of Communities, Groups, and IndividualsCGIs, not Just ‘the Community’
- Art.15 Participation of Communities, Groups, and IndividualsParticipation and Democracy
- Art.16–17 Listing Intangible Cultural Heritage
- Preliminary Material
- Inspiring Idea(s) and Drafting History of Articles 16 and 17
- Exegesis of Articles 16 and 17 and Operation of the Representative and the Urgent Safeguarding Lists
- Comparison between Articles 16 and 17 of the ICH Convention and Article 11 of the World Heritage Convention
- Conclusion—Current Impact, Problems, and Future Perspectives of the Representative List, and of the Urgent Safeguarding List
- Art.18 Programmes, Projects, and Activities for the Safeguarding of the Intangible Cultural Heritage‘Cinderella’ of UNESCO Heritage Lists
- Preliminary Material
- Introduction
- Drafting Article 18
- Relationship to International Assistance
- Best Practices in the Operational Directives
- Interpreting the Criteria in Practice—Nominations in the View of Evaluating Bodies
- The Role and Work of the Intergovernmental Committee in Relation to the Register
- Challenges Ahead—Is the Register Fulfilling the Tasks Envisioned for It?
- Conclusions—Keep Selecting or Start Sharing?
- Art.19 Co-operation
- Art.20–24 International Assistance
- Art.25–28 Intangible Cultural Heritage Fund
- Preliminary Material
- The Purpose and Nature of the Intangible Cultural Heritage Fund
- Resources of the Intangible Cultural Heritage Fund
- Other Funds and Forms of Assistance Available for the Implementation of the 2003 Convention
- Penalty Imposed on States Parties for the Failure to Contribute to the Intangible Cultural Heritage Fund
- Management and Expenditure of the Intangible Cultural Heritage Fund
- Art.29–30 Reports by the States Parties and the Committee
- Preliminary Material
- Introduction
- Drafting History
- Implementation of Articles 29 and 30 by States Parties
- Conclusion—The Future of Reporting on National Implementation
- Art.31 Transitional Clause on the Relationship to the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity
- Preliminary Material
- Introduction
- Historical Background
- Commentary on the Article
- Drafting the Operational Directives Relating to the Incorporation of Items Proclaimed as ‘Masterpieces of the Oral and Intangible Heritage of Humanity’ into the Representative List of the Intangible Cultural Heritage of Humanity
- Concluding Remarks
- Art.32–34 Final Clauses
- Art.35 Federal or Non-Unitary Constitutional Systems
- Art.36–40 Final Clauses
- Part III Additional Issues Related to the 2003 Convention
- Formation of the Notion of ‘Safeguarding’ Adopted by the 2003 Convention
- The Convention for the Safeguarding of the Intangible Cultural Heritage and Human Rights: Relativism and Collectivism 2.0?
- Intangible Cultural Heritage ConventionThe Emblem
- Conclusions: Tightropes of the Intangible Cultural Heritage Convention
- Further Material
