Person and Property: Conceptualising Intangible Cultural Heritage in Law
AbstractThe conceptualisation of culture in international law has been rooted in two main conceptual poles: persons – protection of cultural rights of individuals, groups and communities, and property – protection of cultural goods. This finds an explanation within the subject and object dichotomy that is fundamental in law but seems to be insufficient for the interpretation of ‘intangible cultural heritage’. The article analyses whether ‘intangible cultural heritage’ can be interpreted as being linked to the one, the other or both of the named poles of conceptualising culture in international law. The purpose of the article is to seek a conceptual sequence that in the history of international law has lead to an existing network of legal concepts and the ‘intangible cultural heritage’ therein.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Under the Creative Commons Attribution-NonCommercial-NoDerivs license, the author(s) and users are free to share (copy, distribute and transmit the contribution) under the following conditions: 1. they must attribute the contribution in the manner specified by the author or licensor, 2. they may not use this contribution for commercial purposes, 3. they may not alter, transform, or build upon this work.
Authors retain the following rights:
- copyright, and other proprietary rights relating to the article, such as patent rights,
- the right to use the substance of the article in future own works, including lectures and books,
- the right to reproduce the article for own purposes, provided the copies are not offered for sale,
- the right to self-archive the article.