The law and the people : towards a people-oriented approach in the Chinese law for the protection of intangible cultural heritage

Author(s):  
Tongran Xu
2021 ◽  
Vol 66 (05) ◽  
pp. 154-159
Author(s):  
Asiya Xasay qızı Osmanova ◽  

The people of Azerbaijan have created a rich and different culture, an important part of which is decorative and applied art. It can be said that the growing interest of young creative people in batik over time is the greatest support for the preservation of our national customs and traditions. Continuing the traditions of this art in their future activities is an indication that Azerbaijani national art and batik will always be in the center of attention. Considering that the art of kalagai is a UNESCO non-profit organization under the title "Traditional kalagai art and symbolism, preparation and use of women's silk headdresses". The Representative List of Intangible Cultural Heritage was included in the 9th session of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage in Paris on November 24-28, 2014, and therefore in modern times batik and kalagai are already of interest to local scholars as well as foreign scholars. was. As we know, the breadth of opportunities created by art in the modern era, many artists express their individual style in different ways. Among such artists there are currently working batik masters. Key words: Batik, kalagai, modernity, tradition, plot, composition, color


2011 ◽  
Vol 18 (2) ◽  
pp. 179-200 ◽  
Author(s):  
Emma Lees

AbstractThis article considers the measures being taken in Bhutan to support the cultural practices and traditions of weaving as Bhutan rapidly moves to modernize. Woven cloth is one of a number of artisan practices in Bhutan that contribute to a unique body of intangible cultural heritage, and a distinctive and instantly recognizable Bhutanese identity. Cloth and cloth production have come to have significant influence on the cultural, socioeconomic and political, as well as the ceremonial and religious life of the people of Bhutan. However with modernization and an increasingly global outlook, many socioeconomic transformations are taking place, challenging traditional cultural practices to remain relevant and viable to younger generations. Bhutan offers a unique case study as a country engaging only relatively recently with globalization after a long history of cultural isolation. Bhutan also offers up a unique policy response to modernization, its Gross National Happiness (GNH) measure, which attempts to embody a strong social, cultural, and environmental imperative within the development process. This article will analyze the various measures taking place to maintain cultural identity and cultural practices within the context of development policy and practice, and will link this discussion to measures and approaches taking place at an international level by agencies such as UNESCO.


Author(s):  
Vinayak Jhamb ◽  
Konpal Kaur

The convention concerning the protection of cultural and natural heritage only emphasizes the protection of tangible cultural heritage. However, the present convention completely turned a blind eye and a deaf ear to the intangible cultural heritage. “Cultural heritage” as a term and its content are largely taken from other fields like anthropology and archaeology. The legal aspect of cultural heritage is most complex and difficult to understand. There also exist elements of intangible culture which would include songs or folklore musical traditions, ceremonial or ritual traditions, aspects of the life of ancient societies, and any special relationship between the people and the land that they inhabited. With the term property also comes the idea of assigning the artifact a market value whereas they are historically priceless. Cultural heritage has been made global and a part of universal heritage or “common heritage of mankind.”


2021 ◽  
Vol 55 (3) ◽  
pp. 771-805
Author(s):  
Branko Rakić

Stating that social action aimed at achieving a higher degree of equality between men and women is necessary and useful, the author questions the validity of the approach in the recently adopted Law on Gender Equality that tries to establish gender equality, among other things, by forced intervention in the language sphere, through imposing the application of the so-called "gender-sensitive language". Despite the fact that such an approach could hardly contribute to actual equality, this forced intervention in the language sphere is the violation of the language as a segment of intangible cultural heritage, which is contrary to the Constitution of the Republic of Serbia and a number of international acts. Fortunately, the provisions of the Law on Gender Equality regarding the application of gender-sensitive language are inaccurate, unclear and full of internal contradictions to such an extent that it can be said that they are not applicable.


2015 ◽  
Vol 97 (900) ◽  
pp. 1253-1275 ◽  
Author(s):  
Christiane Johannot-Gradis

AbstractIn war, individuals are vulnerable not only physically but also in terms of their cultural identity, and the obliteration of cultural heritage often becomes a central issue. This is particularly the case in armed conflicts with an ethnic, cultural or religious character. In some regions, cultural heritage consists more of monuments and objects; it is a “tangible” heritage, mostly protected by the law of armed conflict. Elsewhere, where structures are impermanent, cultural heritage is mainly expressed through orality, gestures, rituals, music and other forms of expression that individuals create using various media and instruments. Such heritage is mainly “intangible”. This essay aims to show that cultural heritage is both tangible and intangible, and that the law which protects such heritage is not limited to the law of armed conflict. Cultural heritage also benefits from the protection of other applicable instruments, such as human rights treaties and the UNESCO cultural heritage conventions.


2019 ◽  
Vol 23 (4) ◽  
pp. 113-131
Author(s):  
Małgorzata Rygielska

Ignacy Czerwiński’s legal competences in the light of the opinions of professionals: Przewodnik testatora in Antoni Rosbierski’s commentsIn this article I present the opinions of Antoni Rosbierski 1764–1815, a jurist educated in Vienna, who worked in the area of the Kingdom of Galicia and Lodomeria inter alia as a councillor of court for the aristocracy in Lvov, on the subject of one of the first books of Ignacy Czerwiński 1749–1836, an active lawyer and, later, the author of Okolica Za-dniestrska 1811 which is considered to be the first ethnographic monograph. In Annales Jurisprudentiae pro Regnis Galiciae et Lodomeriae Rosbierski published in Latin a review of Czerwiński’s Przewodnik testatora [A testator’s guide], published in 1818 in Lvov. Until now, it has not been a subject of further studies. Both publications can be considered important sources for the evolution of positive laws in 19th-century Galicia that provide insight into the law culture of that time, which is an important element of the intangible cultural heritage of any society. For this reason, the publication is worth reminding of. Przewodnik testatora may be interesting not only to jurist specialists but also to those researchers of Polish culture who are interested in the problem of the relation between law and custom. It was one of many attempts at giving an answer to the question of how to counteract denationalization in the face of the sudden loss of sovereignty and extensive surveillance systems.


2015 ◽  
Vol 18 (1) ◽  
pp. 47-63
Author(s):  
Manh Duc Pham ◽  
Chien Ngoc Do

This paper introduces Memorial Tombs in the context of memorial compound tomb types for the aristocrat of the Nguyen Dynasty (1802- 1945) in Southern Vietnam in The Medieval and Post-Medieval Time. This type was of rare tangible and intangible cultural heritage at the time (1.5%). These heritage assets are very valuable because they are associated with historical figures – “state founders, meritorious officials” in country expansion time “The Great South Unification (Dai Nam Nhat thong)”. In addition to the typical complex of mausoleums in Southern Vietnam (Nguyen Huu Canh, 1650-1700; Le Van Duyet, 1763-1832; Le Van Phong, Truong Tan Buu, 1752-1827 or Tran Van Hoc, Phan Tan Huynh, Huynh Van Tu, and "Sir Nhieu Loc"), the authors studied Vo Tanh mausoleum at both Hoang De (emperor) and Gia Dinh (emperor) citadels, and the mausoleum of his warmates related to the last and biggest-scaled sea fight between the Nguyen dynasty’s army and the Tay Son insurgent army on Thi Nai lagoon in 1801 (Vo Di Nguy, 1745-1801; Ngo Tung Chau; Thu Ngoc Hau, etc.). In our opinion, the presence of memorial tomb types of Vo Tanh and his warmates – historic-cultural-artistic heritage sites of national/provincial levels in Southern Vietnam relating the honoring of heroes who “wholeheartedly served the King, defended the country, saved the people” in the history of country expansion “Towards the South” in medieval and post-medieval times. They contribute to the moulding of prominent features of the comtemporary Southerners’ personality. Those historical stories of the Southern heroes are preserved and worshipped by their descendants bearing in mind the Vietnamese way of life “praising the bridge carrying one over” and pay homage to ancestors for their nation-building service.


2021 ◽  
pp. 21-30
Author(s):  
Ali Saadon Al Al-Ogaili ◽  
◽  
◽  
Ali Saadon Al Al-Ogaili

Intangible cultural heritage is the continuous progress of human society. Intangible cultural heritage refers to various traditional cultural expressions that exist in intangible form and are closely related to the lives of the people and inherited from generation to generation. Intangible cultural heritage is a human-oriented living cultural heritage. It emphasizes human-centric skills, experience, and spirit, and is characterized by living changes. What stands out is the intangible attribute, and more emphasis on the quality that does not depend on the material form. The biggest feature of intangible cultural heritage is that it is not divorced from the special life and production methods of the nation, and it is the living of the nation's personality and national aesthetic habits. Appears. It exists on the basis of human beings, using voice, image and skills as means of expression, and passing from word to mouth as a cultural chain to continue. It is the most vulnerable part of living culture and its traditions. Therefore, for the process of inheriting intangible cultural heritage, the inheritance of people is particularly important. The traditional handicraft intangible cultural heritage is one of the best. However, with the rapid development of society, the living environment of intangible cultural heritage has changed, and the intangible cultural heritage of traditional handicraft industry is rapidly declining or even disappearing. In order to protect traditional handicraft intangible cultural heritage, this article studies the influence of the integration of traditional handcrafted intangible cultural heritage with the form of material carrier, reading and analyzing a large number of related documents using the literature survey method, and according to research needs, through the study of the content of the literature In summary, a questionnaire survey method was adopted to investigate traditional handicraft intangible cultural heritage visitors and inheritors. The results of the survey found that visitors’ satisfaction with the integration of digital forms and physical carrier forms of intangible cultural heritage projects was nearly 30% higher than that of unintegrated forms. Inheritors generally believe that integrated research has better publicity and education for traditional handicraft intangible heritage. The merged handmade intangible cultural heritage items are easy to store, retrieve and query, and at the same time help to preserve the related traditional handmade intangible cultural heritage items safely and for a long time, making the traditional handmade intangible cultural heritage items widely spread and shared around the world.


Córima ◽  
2020 ◽  
Vol 6 (10) ◽  
pp. 1-28
Author(s):  
Blanca Viridiana Aguirre Tejeda ◽  
◽  
César Luis Gilabert Juárez ◽  
Ana María Salazar Peralta

The aim of the article is to analyze the tense and conflictive process of legitimizing intangible cultural heritage (ICP) in order to enhance its value, which, in Mexico, goes through a dispute between the intention of obtaining the maximum commercial use and the best way to protect it. This leads to a political arena in which the different ways of conceiving the management of the ICP and what is expected of it struggle. Frequently, a collision between the interests that move the community to participate and the powers that be motivated by profit. Therefore, the defense of the PCI has to resolve the contradictions between the logic of cultural valuation and the economic valuation. We review how this dispute has unfolded in some communities and localities in Mexico regarding asset activation. Our report illustrates the processes of patrimonialization - the process of construction of the meaning and meaning of the cultural manifestations of the people. We also show various conjugations of the political, economic and social uses of intangible cultural heritage, as well as the effects derived from litigation.


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