Indigenous cultural heritage must be taken into account in the manner that it is constantly changing and dynamic, which old policies ignore --
Farah* and Tremolada** 15 * Farah, West Virginia University, John D. Rockefeller IV School of Policy and Politics, Department of Public Administration and College of Law, Morgantown, WV, USA; Director of Research at gLAWcal - Global Law Initiatives for Sustainable Development, United Kingdom; Visiting Scholar, Harvard Law School, Cambridge, MA, USA, East Asian Legal Studies, 2011-12; Dual PhD in International Law, Aix-Marseille University, France and Universita degli Studi di Milano, Italy; LL.M, College of Europe, Bruges, Belgium; J.D., University of Paris Ouest La Defense Nanterre, France. ** Tremolada, Research Associate at gLAWcal - Global Law Initiatives for Sustainable Development, United Kingdom; PhD Candidate, University of Naples Federico II, Italy; S.J.D. Candidate, Shanghai JiaoTong University, KoGuan Law School, China; Trainee Lawyer, Cleary Gottlieb Steen & Hamilton, Italy; J.D., Universita degli Studi di Milano School of Law, Italy., (*Paolo D., **Riccardo, “RTICLE: Conflict Between Intellectual Property Rights and Human Rights: A Case Study on Intangible Cultural Heritage”, Global Law Initiatives for Sustainable Development, 2015, Accessed on NexisUni via University of Michigan Library System, DOA: 6/29/24)//LFS – LMH
The protection of ICH must take into account the inherently dynamic nature of the subject matter. Although different forms of protection for cultural expression and knowledge have been envisaged since the late 1800s, 65 the first international multilateral framework for this issue was not attained until October 2003, when the UNESCO General Conference adopted the International Convention on the Safeguarding of Intangible Cultural Heritage. 66 Until the end of the [*141] twentieth century, 67 the most important tools used to protect cultural heritage focused exclusively on its tangible expressions, the relevance of which was to be evaluated on the basis of an objective perception of their artistic, aesthetic, architectural, scientific, or economic value. 68 The lack of attention to intangible expressions of the cultural heritage was a direct consequence of the confidence that this heritage would continue to be developed at the local level and transmitted to new generations. Hence, there was an assumption that ICH would be protected as a fundamental part of the community's cultural and social life. This automatic and spontaneous process, however, was undermined by the advent of globalization, 69 which led to an intensification of intercultural relations, as well as cultural oppression and the imposition of certain cultural patterns over others. 70