TY - JOUR
KW - Community participation (THE\_204)
AU - Lucas Lixinski
AB - This article discusses the international protection of intangible cultural heritage (ICH) by a UNESCO-based regime created by the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. This Convention has experienced very fast ratification (127 states parties less than seven years after its approval), but this is in no small part attributable to a certain lack of  legal bite  of the instrument. There are several layers of state sovereignty imbued in the instrument, as well as weak mechanisms for community participation. These are reflected by a state prerogative in determining what the intangible heritage within their territories is for international safeguarding purposes, therefore having the chance to stifle internal dissent by ignoring minority cultures or even appropriating them and depriving them of political meanings. The early practice under the Convention, including the first nominations, puts these structural shortcomings in further evidence. However, recent reforms to the operational directives for the implementation of the Convention have already taken decisive steps towards increasing community participation, even when this means eroding state privileges with regard to the Convention.
BT - European journal of international law = Journal europeen de droit international
DA - feb
DO - 10.1093/ejil/chr001
LA - English
M1 - 1
N1 - Publisher: Oxford University Press
N2 - This article discusses the international protection of intangible cultural heritage (ICH) by a UNESCO-based regime created by the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. This Convention has experienced very fast ratification (127 states parties less than seven years after its approval), but this is in no small part attributable to a certain lack of  legal bite  of the instrument. There are several layers of state sovereignty imbued in the instrument, as well as weak mechanisms for community participation. These are reflected by a state prerogative in determining what the intangible heritage within their territories is for international safeguarding purposes, therefore having the chance to stifle internal dissent by ignoring minority cultures or even appropriating them and depriving them of political meanings. The early practice under the Convention, including the first nominations, puts these structural shortcomings in further evidence. However, recent reforms to the operational directives for the implementation of the Convention have already taken decisive steps towards increasing community participation, even when this means eroding state privileges with regard to the Convention.
PY - 2011
SP - 81
EP - 100
T2 - European journal of international law = Journal europeen de droit international
TI - Selecting Heritage: The Interplay of Art, Politics and Identity
UR - https://www.scopus.com/inward/record.uri?eid=2-s2.0-79954504918&doi=10.1093%2fejil%2fchr001&partnerID=40&md5=5977dfa77c3da2b139d4b2996a74b4be
VL - 22
SN - 09385428 (ISSN)
ER -