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Intangible Cultural Heritage in Nature

Le patrimoine culturel immatériel dans la nature

Spaces, Resources and Practices - International Research Seminar of Comparative Law

Espaces, ressources et pratiques - Atelier international de recherche en droit comparé

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Published on Wednesday, July 19, 2017 by Anastasia Giardinelli

Summary

Intangible cultural heritage can be created by communities as a response to their environment and their interaction with nature. Farming, fishing, hunting, pastoral or food gathering practices are, for instance, associated to natural resources and spaces. Safeguarding these elements of intangible cultural heritage requires, not only recognition of a community’s rights to access ecosystems, such as forests or seas, but also the right to use its resources. States may grant to communities hunting, shing or harvesting rights, to preserve their traditional lifestyle and the intangible cultural heritage it sustains. These rights must however be exercised in an ecologically sustainable manner to mitigate the impact these practices can have on the environment. In contrast, some knowledge and practices concerning nature and the universe can be considered as land management systems or as traditional ecological knowledge. In this case, safeguarding intangible cultural heritage contributes directly to the preservation of the environment and to the conservation of biodiversity.

Announcement

Presentation

Intangible cultural heritage can be created by communities as a response to their environment and their interaction with nature. Farming, shing, hunting, pastoral or food gathering practices are, for instance, associated to natural resources and spaces. Safeguarding these elements of intangible cultural heritage requires, not only recognition of a community’s rights to access ecosystems, such as forests or seas, but also the right to use its resources. States may grant to communities hunting, shing or harvesting rights, to preserve their traditional lifestyle and the intangible cultural heritage it sustains. These rights must however be exercised in an ecologically sustainable manner to mitigate the impact these practices can have on the environment. In contrast, some knowledge and practices concerning nature and the universe can be considered as land management systems or as traditional ecological knowledge. In this case, safeguarding intangible cultural heritage contributes directly to the preservation of the environment and to the conservation of biodiversity.

The relationship between nature and intangible cultural heritage is therefore dual: it can necessitate regulation to control the effects of intangible cultural heritage safeguarding activities on the environment or it can be mutually beneficial. In both cases, law has a significant role to play in finding how to balance the need to safeguard intangible cultural heritage with the obligation of preserving the environment. Environmental law’s different protection methods already take into consideration the issues of respecting community knowledge and traditional practices of management of natural resources.

This seminar aims at discussing the legal aspects of various interactions between safeguarding intangible cultural heritage and environmental protection including management of natural resources. To that effect, it will take a closer look at regulations within environmental law that are highly relevant to the safeguarding of intangible cultural heritage, even if they do not make an explicit reference to this legal concept. The discussion is intended to foster both comparative and interdisciplinary views, bringing together legal scholars from di erent countries as well as community representatives. This will allow presenting a variety of lessons learned through case studies, theoretical and historical analyses tackling interactions between the national and the regional levels.

Examples of elements of the intangible cultural heritage with a strong link to nature inscribed on the Convention for the Safeguarding of the Intangible Cultural Heritage’s International Lists:

  • fishing: Culture of Jeju Haenyeo (women divers);
  • hunting: Falconry, a living human heritage;
  • water management system: Irrigators’ tribunals of the Spanish Mediterranean coast: the Council of Wise Men of the plain of Murcia and
  • the Water Tribunal of the plain of Valencia;
  • forest management system: Traditions and practices associated with the Kayas in the sacred forests of the Mijikenda; and
  • traditional agriculture: Traditional agricultural practice of cultivating the ‘vite ad alberello’ (head-trained bush vines) of the community of Pantelleria

Program

September 8, 2017 - Presentations and round-table discussions

Rīga, Latvian Academy of Culture /UNESCO Chair on Intangible Cultural Heritage Policy and Law

I. Spaces (9:00 - 11:30)

  • Resource management systems: customary rights and uses Jérôme Fromageau, President, International Society for Research on Art and Cultural Heritage Law (France)
  • Lahemaa National Park : land use rights Ave Paulus, North Region Heritage Specialist, Lahemaa National Park, Heritage Specialist, Environmental Board of Estoni, PhD Student, University of Tartu (Estonia)

Round Table

  • Hanna Schreiber, Assistant Professor, Section of Law and International Institutions, Institute of International Relations, Faculty of Political Science and International Studies, University of Warsaw (Poland)
  • Marie Cornu, Research Director, ISP-CNRS (France)

Moderator Noé Wagener, Researcher, ISP-CNRS (France)

II. Resources (12:00 - 14:00)

  • Seal Hunting: a Case Study in Intangible Cultural Heritage Regulation Lily Martinet, Research Fellow, ISP-CNRS (France)
  • Conflicts between nature conservation and an indigenous community: the example of the Kihnu Island Mare Mätas, Chairperson of the Board, Kihnu Cultural Space Foundation (Estonia)
Round Table
  • Kristin Kuutma, Professor, University of Tartu, Chairperson of the Board, Estonian National Commission for UNESCO (Estonia)
  • Vilhelmína Jónsdóttir, lawyer and ethnologist, alumnus of graduate studies at the University of Iceland (Iceland)
  • Vincent Négri, Researcher, ISP-CNRS (France)
  • Cléa Hance, PhD Student, ISP-CNRS (France)
Moderator Anita Vaivade, Assistant Professor, Researcher, Latvian Academy of Culture

Subjects

  • Law (Main subject)

Places

  • Latvian Academy of Culture - 24 Ludzas street
    Riga, Latvia

Date(s)

  • Friday, September 08, 2017

Keywords

  • Patrimoine culturel immatériel, nature, droit comparé, intangible cultural heritage, comparative law

Contact(s)

  • Lily Martinet
    courriel : lily [dot] martinet [at] gmail [dot] com
  • Līga Ābele
    courriel : liga [dot] abele [dot] lv [at] gmail [dot] com

Information source

  • Marie Trape
    courriel : marie [dot] trape [at] cnrs [dot] fr

To cite this announcement

« Intangible Cultural Heritage in Nature », Study days, Calenda, Published on Wednesday, July 19, 2017, https://calenda.org/412015

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