Research Handbook on Contemporary Intangible Cultural Heritage: Law and Heritage

449 Pages·2018·8.909 MB·English

by  Charlotte Waelde (Editor), Catherine Cummings (Editor), Mathilde Pavis (Editor), Helena Enright (Editor)

RESEARCH HANDBOOK ON
CONTEMPORARY INTANGIBLE CULTURAL
HERITAGE
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Research Handbook on
Contemporary Intangible
Cultural Heritage
Law and Heritage
Edited by
Charlotte Waelde
Coventry University, UK
Catherine Cummings
The University of Exeter, UK
Mathilde Pavis
The University of Exeter, UK
Helena Enright
Bath Spa University, UK
Cheltenham, UK • Northampton, MA, USA
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© The Editors and Contributors Severally 2018
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system or transmitted in any form or by any means, electronic, mechani-
cal or photocopying, recording, or otherwise without the prior permission of the
publisher.
Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL50 2JA
UK
Edward Elgar Publishing, Inc.
William Pratt House
9 Dewey Court
Northampton
Massachusetts 01060
USA
A catalogue record for this book
is available from the British Library
Library of Congress Control Number: 2018935755
This book is available electronically in the
Law subject collection
DOI 10.4337/9781786434012
ISBN 978 1 78643 400 5 (cased)
ISBN 978 1 78643 401 2 (eBook)
Typeset by Servis Filmsetting Ltd, Stockport, Cheshire
2
0
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Contents
List of contributors vii
Introduction to the Research Handbook on Contemporary
Intangible Cultural Heritage 1
Charlotte Waelde, Catherine Cummings, Mathilde Pavis and Helena
Enright
PART I THE FRAMEWORK OF CONTEMPORARY
INTANGIBLE CULTURAL HERITAGE
1 Regional and international treaties on intangible cultural
heritage: between tradition and contemporary culture 15
Lucas Lixinski
2 Contemporary ICH: between community and market 35
Fiona Macmillan
3 Protection and promotion of cultural heritage and human
rights through international treaties: two worlds of difference? 54
Yvonne Donders
4 Contemporary ICH and the right to exclude 78
Sarah Harding
PART II DEBATES WITHIN CONTEMPORARY INTANGIBLE
CULTURAL HERITAGE
5 ICH, cultural diversity and sustainable development 106
Abbe E. L. Brown
6 ICH and human rights: ICH, contemporary culture and human
rights 139
Charlotte Waelde
7 ICH as a source of identity: international law and deontology 165
Anita Vaivade
8 ICH and identity: the use of ICH among global multicultural
citizens 194
Laia Colomer
v
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vi Research handbook on contemporary intangible cultural heritage
9 ICH and authority: lawless ‘DIY’ approaches to contemporary
ICH 216
John Schofield
10 ICH and authority: the Welsh language and statutory change 234
Megan Rae Blakely
11 ICH and safeguarding: legal dimensions of safeguarding the
ICH of non-dominant and counter-culture social groups 252
Janet Blake
12 ICH and safeguarding: museums and contemporary ICH (let
the objects out of their cases and make them sing) 273
Catherine Cummings
13 ICH and safeguarding: uncovering the cultural heritage
discourse of copyright 296
Mathilde Pavis
PART III CONTEMPORARY INTANGIBLE CULTURAL
HERITAGE AND ITS USES
14 Living cultural heritage in the Netherlands: the debate on the
Dutch tradition of Sinterklaas 342
Lucky Belder and Aydan Figaroa
15 ICH as the prime asset of a cultural landscape and seascape:
a case study of the Banda Islands, Indonesia 363
Joëlla van Donkersgoed and Jessica Brown
16 Cultural heritage sites and contemporary uses: finding a
balance between monumentality and intangibility in Eastern
Zimbabwe 379
Njabulo Chipangura
17 ICH and trade 398
Valentina Vadi
Index 417
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Contributors
Lucky Belder is Assistant Professor at the Faculty of Law, Economics
and Governance of Utrecht University. Her research interests include
the regulation and governance of the protection of cultural heritage and
cultural rights in international and national public law.
Janet Blake is Associate Professor in the Faculty of Law and the Centres
for Excellence in Education for Sustainable Development and Silk Roads
studies at Shahid Beheshti University (Tehran) and a member of the
Cultural Heritage Law Committee of the International Law Association.
Megan Rae Blakely, JD, LLM, is a lecturer in law at Lancaster University.
Her research centres on intellectual property law, intangible cultural
heritage, and technology policy, through an interdisciplinary lens. She has
recently submitted her PhD to the University of Glasgow School of Law.
Abbe E. L. Brown is Chair in Intellectual Property Law at the University
of Aberdeen. Her research explores the intersection between intellectual
property law and other areas of law, balancing the encouragement of
innovation and creativity with timely addressing of key societal challenges.
Before returning to academia, she practised for ten years as a litigator in
London, Melbourne and Edinburgh.
Jessica Brown is Executive Director of the New England Biolabs
Foundation, whose mission is to foster community-based conservation
of landscapes and seascapes and the bio-cultural diversity found in these
places. She leads the Protected Landscapes Specialist Group of IUCN’s
World Commission on Protected Areas and chairs the governing board
of Terralingua. She is an associate member of the Graduate Faculty of
Rutgers, the State University of New Jersey, in the program of Cultural
Heritage and Preservation Studies.
Njabulo Chipangura is employed by National Museums and Monuments
of Zimbabwe as an archaeologist and is based in Eastern Zimbabwe at
Mutare Museum. His research interests include looking at the configura-
tion and reconfiguration of museum collection and exhibition practices
within colonial and post-colonial settings. He is also interested in produc-
tion of public culture in heritage spaces. He has recently submitted his
PhD for examination. In his PhD research he looked at the archaeological
ethnographies of indigenous gold mining in Eastern Zimbabwe.
vii
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viii Research handbook on contemporary intangible cultural heritage
Laia Colomer is an interdisciplinary researcher and Marie Skłodowska-
Curie Individual Fellow, Department of Cultural Sciences at Linnaeus
University (Sweden) with a background in public archaeology and heritage
studies. Dr. Colomer’s work focuses on the way heritage is involved in the
process of remembering, meaning making, and construction of identity
today, involving key concepts such as globalization, multiple migration,
mobilities, collective memory and heritage significance.
Catherine Cummings was Research Fellow at the University of Exeter
on the EU’s FP7 RICHES project – (Renewal, Innovation and Change:
Heritage and European Society). She holds a PhD in museums and
collections and has lectured in art and design history, cultural theory
and museum studies. Her research interests include the historical and
contemporary role of the museum, the representation and interpretation
of tangible and intangible cultural heritage and the relationship between
contemporary craft and digital technology.
Yvonne Donders is Professor of International Human Rights and Cultural
Diversity and Head of the Department of International and European
Law at the University of Amsterdam. Her teaching and research focus
on international human rights law, in particular economic, social and
cultural rights and human rights and cultural diversity. She is a member of
the Human Rights Committee of the Advisory Council on International
Affairs, the Editorial Board of the Netherlands Quarterly of Human
Rights, the Advisory Council of the Netherlands National Institute for
Human Rights, and the Board of the Dutch International Law Association.
Aydan Figaroa is a student in the Legal Research Master of Utrecht
University.
Sarah Harding is an Associate Professor of Law at Chicago-Kent College
of Law. Her research focuses primarily on property related issues, in
particular the social and cultural significance of property and the protec-
tion of cultural resources. Her work tends to be both comparative and
interdisciplinary. 
Lucas Lixinski is an Associate Professor at Faculty of Law, UNSW Sydney.
He is the author of Intangible Cultural Heritage in International Law (2013),
and a member of the Executive Committee of the Association of Critical
Heritage Studies. He is Rapporteur of the Committee on Community
Participation in Global Heritage Governance of the International Law
Association.
Fiona Macmillan is Professor of Law at Birkbeck, University of
London, Visiting Professor of Law at the Universities of Roma Tre and
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Contributors ix
Gothenburg, and at the University of Technology Sydney. She is the
co-Director of the International Society for the History and Theory of
Intellectual Property (ISHTIP), www.ishtip.org.
Mathilde Pavis is a lecturer in law at the University of Exeter. Mathilde
specialises in intellectual property law with a particular interest in the way
this field of law intersects with the notions of performance and disability
respectively. 
John Schofield is Head of Archaeology at the University of York, a Senior
Research Fellow at Flinders University (Australia), and Docent at Turku
University (Finland). Previously he spent 21 years with English Heritage.
His research into contemporary heritage, always from an archaeological per-
spective, features in a number of publications across a range of disciplines. 
Valentina Vadi is a Professor of International Economic Law at Lancaster
University. She is the co-editor (with Hildegard Schneider) of Art, Cultural
Heritage and the Market: Legal and Ethical Issues (2014), and (with Bruno
De Witte) of Culture and International Economic Law (2015). Valentina
Vadi is the author of Cultural Heritage in International Investment Law and
Arbitration (2014).
Anita Vaivade is Assistant Professor and Chairholder of the UNESCO
Chair on Intangible Cultural Heritage Policy and Law at the Latvian
Academy of Culture. She has worked for the Latvian National Commission
for UNESCO as Culture, Communication and Information Sector
Director, and defended her PhD thesis in 2011 on the conceptualisation of
intangible cultural heritage in law. Recently, she has lead Latvian delega-
tion at the UNESCO Intergovernmental Committee for the Safeguarding
of the Intangible Cultural Heritage, and is co-leading an international
comparative law research project ‘Osmosis’ on intangible cultural heritage
national legislations.
Joëlla van Donkersgoed is a PhD candidate in the program of Cultural
Heritage and Preservation Studies in the department of Art History at
Rutgers, the State University of New Jersey. Her dissertation research
focuses on the current post-colonial cultural landscape of the Banda
Islands in the province Maluku in Indonesia.
Charlotte Waelde is Professor of Intellectual Property Law and works
in the Centre for Dance Research at Coventry University. Her academic
focus is currently on intellectual property, intangible cultural heritage and
human rights and the intersections between the three domains. Her work
is interdisciplinary and collaborative; she is currently working on projects
that range from copyright and dance, to air pollution in Africa.
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