Linking new intangible cultural heritage law with a legal past

In this chapter, we retrace national laws’ historical trajectories concerning the safeguarding of intangible cultural heritage, prior to the adoption of the 2003 Convention. The goal of this chapter is to underline the dynamic relations between national and international levels in the rise of the concept of intangible cultural heritage, as well as highlighting the way national histories influence its reception in national laws. We first look into the rise of the criterion of ‘intangibility’, its translation in national laws through other concepts and its relationship with tangible heritage legislation already in place. We then analyse other concepts used before the 2003 Convention, such as ‘folklore’, ‘living heritage’, ‘popular culture’, which can still be used today. Finally, we see how the conceptual evolution has changed the original paradigm based on distinction through the Living Human Treasure or Masterpieces of Intangible Cultural Heritage programmes, although it is still maintained in several countries.