ARCHIVO del patrimonio inmaterial de NAVARRA

  • Año de Publicación:
    2017
  • Autores:
  • -   Gkana, Aliki
  • Volumen:
  • Número:
  • Páginas:
  • Editorial:
    Faculty of Law, National and Kapodistrian University of Athens
  • Tipo de Trabajo:
    masters
2003 Convention Genesis (ICH_1368); 2003 Convention Governance (ICH_1369); Community Participation (THE_204); Human Rights (THE_5675); Intellectual Property (THE_12504); Lists Of The 2003 Convention (ICH_1331); WIPO (ICH_1424);
The subject matter of the present thesis is the research of the safeguarding mechanisms for the Intangible Cultural Heritage (ICH) in the light of international law. While placing the attempt to deal with this specific subject area in the broader framework of the contemporary international cultural heritage law, the purpose of this analysis is to chart the development itself, the existing international tendency and the emerging challenges in this field for international law, which constitutes the advantageous field for the research of the topic according to the writer, since the intangible heritage in and of itself inherently poses the issue of borders of every kind – national and legal. Thus, in the first part, the understanding of the notion of ICH in relation to the more specialized existing legal protection regime, established by UNESCO's International Convention for the Safeguarding of the Intangible Cultural Heritage of 2003, will lead us to the analysis of the conventional safeguarding mechanism, while the possibility of establishing the existence of International Custom in this context will be explored, both prior to the 2003 Convention and following its application, probably ascertaining whether the States' and the Organization's subsequent practice sets some new terms for its interpretation and application. In the second part, the connection of the ICH with two other systems of protection will be examined, on the one hand, with the international human rights law, in the context of which the possibility of establishing a right to the ICH will also be analyzed, and on the other hand, with the international intellectual property law, in the framework of which the question of considering the ICH as a common heritage and a common concern of mankind will be approached as well.