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Traditional Knowledge as a Component of Cultural Heritage

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What is indigenous traditional knowledge, and how it may be protected as a component of cultural heritage? In the literature on the safeguarding cultural heritage traditional knowledge is defined in response to the notions of heritage found in existing legal regulations. An inquiry into the history of this development suggests that current approaches on protecting traditional knowledge as a component of heritage might benefit actors other than indigenous communities. This piece develops this claim by examining developments of the relevant work of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the United Nations Working Group on Indigenous Population. It emphasizes significance of international developments to supporting rights of indigenous communities yet in correspondence to the interests of the nation states.

Abstract

What is indigenous traditional knowledge, and how it may be protected as a component of cultural heritage? In the literature on the safeguarding cultural heritage traditional knowledge is defined in response to the notions of heritage found in existing legal regulations. An inquiry into the history of this development suggests that current approaches on protecting traditional knowledge as a component of heritage might benefit actors other than indigenous communities. This piece develops this claim by examining developments of the relevant work of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the United Nations Working Group on Indigenous Population. It emphasizes significance of international developments to supporting rights of indigenous communities yet in correspondence to the interests of the nation states.

참고문헌 (20)

  1. Blake, Janet, "On defining the cultural heritage", International & Comparative Law Quarterly, 49, pp.61~85 (2000)[DOI]
  2. Carpenter, Megan, "Intellectual property law and indigenous peoples : Adapting copyright law to the needs of a global community", Yale Human Rights & Development Journal, 7, pp.51~78 (2004)
  3. Coombe, Rosemary, "Protection of first nations cultural heritage: Laws, policy, and reform", pp.247~278 (2009), UBC Press
  4. Daes, Erica, "Discrimination against indigenous peoples: Study on the protection of the cultural and intellectual property of indigenous peoples", UN Doc. E, S, pp.1993, ~
  5. Horváth, Enik., "Mandating identity: Citizenship, kinship laws and plural nationality in the European Union" (2008), Kluwer Law International
  6. Howell, Robert, "Protection of first nations cultural heritage: Laws, policy, and reform, edited by Catherine Bell and Robert Paterson", pp.223~247 (2009), Toronto: UBC Press
  7. Macklem, Patrick, "The Law and politics of international cultural rights: A Review essay of Elsa Stamatopoulou, Cultural Rights in International Law and Francesco Francioni and Martin Scheinin" (2009)
  8. Merrymen, John, "Two ways of thinking about cultural property", The American Journal of International Law, 80(4), pp.831~853 (1986)[DOI]
  9. Merrymen, John, "Cultural property internationalism", International Journal of Cultural Property, 12(1), pp.11~39 (2005)[DOI]
  10. Robbins, Bruce, "Reflections on Culture and Cultural Rights", The South Atlantic Quarterly, 103(2, pp.3) (2004), 419~434
  11. "Charter of the United Nations" (1945)[URL]
  12. "Universal Declaration of human rights. (UN Doc. A/810); UN Educational, Scientific and Cultural Organization" (1948)[URL]
  13. "Recommendation concerning the safeguarding of beauty and character of landscapes and sites" (1962)[URL]
  14. "UNESCO recommendation concerning the preservation of cultural property endangered by public or private works" (1968)[URL]
  15. "Convention concerning the protection of the world cultural and natural heritage" (1972)[URL]
  16. "UNESCO recommendation on the safeguarding of traditional culture and folklore" (1989)[URL]
  17. "UNESCO universal declaration on cultural diversity" (2001)[URL]
  18. "The convention for the safeguarding of intangible cultural heritage" (2003)[URL]
  19. "Model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other prejudicial actions" (1985)[URL]
  20. UN General Assembly, "The United Nations declaration on the rights of indigenous peoples", UN Doc A, 61, pp.295, 2007[DOI]

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