legal Protection Of The World Cultural And Natural Heritage(especially in china)世界文化遗产和自然遗产的法律保护
- 1. Legal Protection of the World Cultural and Natural
Heritage
2. Great Wall
- The first of New Seven Wonders of the World
3.
4. The Imperial Palace 5. Pyramid Sphinx 6. Versailles Palace 7.
1. Introduction
- The world heritages in the aforementioned picturesand others
are all precious and invaluable .
- World heritage is our legacy from the past, what we live with
today, and what we pass on to future generations.
8.
- Our cultural and natural heritage are both irreplaceable
sources of life and inspiration.
- World Heritage sites belong to all the peoples of the world,
irrespective of the territory on which they are located.
9. Problems
10.
- In the view of environmental protectionorthe development,
science, culture, and promoting social progress protection of the
world cultural and natural heritage is of great significance. But
because of long division destruction of natural forces and adverse
effect from human activities these valuable cultural and natural
properties mostly damage in varying degrees, or face the threat of
destruction,and a few have even been completely destroyed.
Therefore, according to the actual situation the world countries
and international organizations must formulate laws regulations and
international treaties which will help to protect the world
cultural and natural heritage.
11. 2.Treaties related to world heritage
- The United Nations Educational, Scientific and Cultural
Organization (UNESCO) seeks to encourage the identification,
protection and preservation of cultural and natural heritage around
the world considered to be of outstanding value to humanity. This
is embodied in an international treaty called theConvention
concerning the Protection of theWorld Cultural and Natural Heritage
, adopted by UNESCO in 1972 It was signed in Paris.
12. NATIONAL PROTECTION AND INTERNATIONAL PROTECTION OF THE
CULTURAL AND NATURAL HERITAGE
- Each State Party to this Convention recognizes that the duty of
ensuring the identification, protection, conservation, presentation
and transmission to future generations of the cultural and natural
heritage referred to inArticles 1and2and situated on its territory,
belongs primarily to that State. It will do all it can to this end,
to the utmost of its own resources and, where appropriate, with any
international assistance and co-operation, in particular,
financial, artistic, scientific and technical, which it may be able
to obtain.
13. World Heritage Committee
- An Intergovernmental Committee for the Protection of the
Cultural and Natural Heritage of Outstanding Universal Value,
called "theWorld Heritage Committee ", is hereby established within
the United Nations Educational, Scientific and Cultural
Organization.
- Election of members of the Committee shall ensure an equitable
representation of the different regions and cultures of the
world.
14. World Heritage Fund
- A Fund for the Protection of the World Cultural and Natural
Heritage of Outstanding Universal Value, called "the World Heritage
Fund", is hereby established.
15. NoIntangibleCultural Heritage contents Cultural heritage
Natural heritage Monuments Groups of buildings Sites Natural
features Geological andphysiographicalformations Natural sites 16.
New development
- Convention concerning the Protection of the World Cultural and
Natural Heritage promotes the protection of material heritage, but
the protection of intangible heritage was relatively stagnant. To
strengthen the protection of intangible cultural heritage, in 2001,
UNESCO announced the first batch of 19 human Masterpieces of the
oral and intangible cultural heritage, Chinas Kunqu opera among
them. In October 2003 it issuedConvention fortheSafeguarding of
theIntangibleCulturalHeritage.It has made the necessary provisions
on the protection of intangible cultural heritage, e.g.the oral
tradition, performing arts, social practices, rituals and festive
events, folk knowledge and manual skills, etc.
17. Purposes of the Convention
- The purposes of this Convention are:(a) to safeguard the
intangible cultural heritage;(b) to ensure respect for the
intangible cultural heritage of the communities, groups and
individuals concerned;(c) to raise awareness at the local, national
and international levels of the importance of the intangible
cultural heritage, and of ensuring mutual appreciation thereof;(d)
to provide for international cooperation and assistance.
18. Definition
- The intangible cultural heritage means the practices,
representations, expressions, knowledge, skills as well as the
instruments, objects, arte facts and cultural spaces associated
therewith that communities, groups and, in some cases, individuals
recognize as part of their cultural heritage. This intangible
cultural heritage, transmitted from generation to generation, is
constantly recreated by communities and groups in response to their
environment, their interaction with nature and their history, and
provides them with a sense of identity and continuity, thus
promoting respect for cultural diversity and human creativity. For
the purposes of this Convention, consideration will be given solely
to such intangible cultural heritage as is compatible with existing
international human rights instruments, as well as with the
requirements of mutual respect among communities, groups and
individuals, and of sustainable development.
19. Category
- The intangible cultural heritage is manifested inter alia in
the following domains:(a) oral traditions and expressions,
including language as a vehicle of the intangible cultural
heritage;(b) performing arts;(c) social practices, rituals and
festive events;(d) knowledge and practices concerning nature and
the universe;(e) traditional craftsmanship
20. MORE BROWSE
http://www.unesco.org/culture/ich/index.php?pg=00006 21. Protection
of the Intangible Cultural Heritage and IPR
- Apart from the protection of International Environmental Law
the protection of intangible cultural heritage also requires the
protection of Intellectual Property Law especially copyright and
trademark right . This is an emerging area, we need to do in-depth
research.
22. Regional treaties of the protection of culturaland natural
heritage
- So far, these regional treaties only exist in Europe, the
Americas and Oceania such as the American " Convention on the
protection of archaeological, historical and artistic heritage of
the American States ", European "Convention on the Protection of
the Archaeological Heritage of Europe" and " Convention on the
Protection of European Architectural Heritage "and Oceania" South
Pacific Convention on the Conservation of Nature. "
23. where? Asian regional treaties
- Three of the Four Great Ancient Civilizationslocated in Asia,
where owns lots of cultural and natural heritage. However, Asia
doesnt have regional treaties on the protection of cultural and
natural heritage now. This is unfavorable to the protection and
management of Asian heritage.
24. 3. China and world heritage
- China has always emphasizedon the protection and handing down
of the cultural and natural heritage. To fulfill the duties and
obligations of the Convention, the Chinese government has made
positive efforts seriously, and hosts the 28th World Heritage
Committee meeting in Suzhou City, Jiangsu Province in 2004.
25. China's new World Heritage
- Sichuan Giant Panda Sanctuaries
- Historical Center of Macao
26. South China Karst Kaiping Diaolou and Villages 27. China
lacks the protection of intangible cultural heritages, such as folk
literature, Chinese medicine, traditional festivals, etc.. 28. The
problems that China needs to solve at present
- Establishing the unified national regulatory body
- Enacting special law on the protection and management of
heritage
- Cultivating specialized talents of Heritage Conservation
- Developing heritage sites appropriately, and introducing the
EIA environmental impact assessment
- Strengthening the protection of intangible cultural
heritage
29.