TY - JOUR
KW - Community participation (THE\_204)
KW - Cultural human rights
KW - Human rights (THE\_5675)
KW - Intangible cultural heritage
KW - International law of culture
KW - Lists of the 2003 Convention (ICH\_1331)
KW - Safeguarding
KW - Sovereignty
KW - Transboundary cultural heritage manifestations
KW - Transnational heritage (ICH\_1361)
KW - UNESCO
AU - A. Gkana
AB - The paper explores the relation between State sovereignty and the safeguarding of the Intangible Cultural Heritage (hereafter ICH) pointing out the tension between a State-centered and a community-oriented approach within the existent protection mechanism. In the first part, the writer outlines the legal framework established by the 2003 UNESCO Convention, examining some of its "sovereignty guarantees". In the second part, she touches upon the particular issue of dealing with "shared ICH" within the UNESCO framework, examining possible responses to the apparent deficiencies towards its more effective safeguarding. Questioning whether ICH is an appropriate field for States to "reaffirm" their sovereignty or it intrinsically challenges the traditional concept of the sovereign State, she discusses the recognition of ICH s cross-border character and the common concern for its safeguarding, as well as the progressive establishment of a right to ICH and the demand for a more active role of its communities in the international safeguarding system, as crucial parameters. How could international law adapt to those challenges and with what cost for sovereignty? The paper was presented in the Agora "Culture As or Against Sovereignty" convened by the Interest Group on International Law of Culture as a contribution to the 2019 ESIL Conference.
DO - 10.5102/rdi.v17i3.7192
M1 - 3
N1 - Publisher: Centro Universitario de Brasilia
N2 - The paper explores the relation between State sovereignty and the safeguarding of the Intangible Cultural Heritage (hereafter ICH) pointing out the tension between a State-centered and a community-oriented approach within the existent protection mechanism. In the first part, the writer outlines the legal framework established by the 2003 UNESCO Convention, examining some of its "sovereignty guarantees". In the second part, she touches upon the particular issue of dealing with "shared ICH" within the UNESCO framework, examining possible responses to the apparent deficiencies towards its more effective safeguarding. Questioning whether ICH is an appropriate field for States to "reaffirm" their sovereignty or it intrinsically challenges the traditional concept of the sovereign State, she discusses the recognition of ICH s cross-border character and the common concern for its safeguarding, as well as the progressive establishment of a right to ICH and the demand for a more active role of its communities in the international safeguarding system, as crucial parameters. How could international law adapt to those challenges and with what cost for sovereignty? The paper was presented in the Agora "Culture As or Against Sovereignty" convened by the Interest Group on International Law of Culture as a contribution to the 2019 ESIL Conference.
SP - 40
EP - 59
TI - Peoples  heritage or States  heritage? sovereignty in the UNESCO mechanism for the safeguarding of intangible cultural heritage
UR - https://www.scopus.com/inward/record.uri?eid=2-s2.0-85105085429&doi=10.5102%2frdi.v17i3.7192&partnerID=40&md5=4163d59bd6df3045cf743c777c03646d
VL - 17
SN - 22371036 (ISSN)
ER -