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Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak
Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation …
Self-Determination And Cultural Rights, Ana Filipa Vrdoljak
Self-Determination And Cultural Rights, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Self-determination has broadly two components: one relates to participation and the other concerns identity. Until recently, contemporary discourse on self-determination has largely centred on the former. Yet, from its earliest conceptions, self-determination has been inextricably tied to notions of identity of peoples - and cultural rights. This paper examines the evolving link between self-determination and cultural rights in modern international law. By detailing this often tandem, sometimes overlapping, development, it is argued that the reformulation and reinforcement of self-determination in recent decades has had an accompanying impact upon cultural rights.
Reparations For Cultural Loss, Ana Filipa Vrdoljak
Reparations For Cultural Loss, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Destruction, damage and dispossession of culture and heritage loom large in actions pursued by indigenous peoples at the international, regional and domestic levels. This chapter considers how the claims and remedies for cultural losses sustained by indigenous peoples, collectively and individually, push the existing boundaries of international law. First, it outlines how culture and its manifestations is conceptualized by indigenous peoples. Second, how claims for cultural loss are framed by expanding upon existing international human rights law and international humanitarian law is explained. Finally, it examines the application of recent developments at the international and regional levels to accommodate broader …
Minorities, Cultural Rights And The Protection Of Intangible Heritage, Ana Filipa Vrdoljak
Minorities, Cultural Rights And The Protection Of Intangible Heritage, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
The protection of intangible cultural heritage has often been regarded as the long neglected area of international cultural heritage law. Indeed, while international conventions for the protection of movable and immovable, tangible heritage have been operational for several decade, a specialist multilateral instrument covering intangible heritage was only finalised in 2003. Yet, the safeguarding of intangible heritage has preoccupied international law for well over a century. I argue that the question of intangible cultural heritage in international law has influenced, and is influenced by, the protection of minorities and the articulation of cultural rights. Treaties covering these various areas contain …