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Tension in the Cityscapes: Redevelopment, Intangible Cultural Heritage Preservation, and Assets of Community Value
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- Authorised Heritage Discourse and Cultural Heritage Law
- Cultural Heritage and the City: Urban Conservation and Collective Memory in Hong Kong and Macau
- Panel 4: Cultural Heritage Law in India
- Intellectual Property Rights Law: A Tool for Legal Protection of Cultural Heritage – Indian Experience
- Analysis of Law Relating to Protection of Heritage – Reconfiguring Corporate Resources in Reference to India
- Impact of Globalization, Westernization on Indian Culture: Good or Bad
- Panel 5: Modernization of Cultural Heritage Law
- Internet and Popular Pakistani Literature
- Fear of Hollywoodzilla: Future Cultural Heritage, International Law and Call For Duty to Preserve Diversity in Global Film Industry
- Safeguarding Intangible Cultural Heritage: Challenges and Experiences
- 9. CRITICAL PSYCHOLAWGY: DIALOGUE AT MODERN TIMES BETWEEN LEGAL AND PSYCHOLOGICAL SCIENCES
- Panel 1: Critical Psychology: Cross-Cultural and Clinical Perspectives
Tension in the Cityscapes: Redevelopment, Intangible Cultural Heritage Preservation, and Assets of Community Value Sara Ross, Osgoode Hall Law School (Canada) – saraross@osgoode.yorku.ca As many of today’s modern cities undertake redevelop projects that increasingly seek to involve a city’s cultural agenda, tensions arise between the value of, on the one hand, preserving certain spaces, or assets, of community value and community cultural wealth, and, on the other hand, replacing or redeveloping these spaces. In terms of cultural economics, this tension can be framed through a comparison of use value versus exchange value. But where use value is connected to the liveability and cultural vibrancy of a city, this paper will question current strategies for effective consultation of those who have created and find community cultural value and wealth in marginalized spaces and venues of culture in the city. The paper considers the case study of Toronto, Canada and a sampling of its historic music venues in order to 1) examine the treatment of spaces of intangible cultural heritage, and 2) the community consultation practices implicated in redevelopment decisions that affect spaces of known cultural heritage as well as unknown, or yet to be identified spaces of cultural heritage. The work posits that city’s such as Toronto do not adequately valuate intangible cultural heritage and spaces of community cultural wealth, and that this is both reflected in as well as symptomatic of ineffective or underdeveloped legal frameworks for both safeguarding spaces of intangible cultural as well as determining spaces of intangible culture. Authorised Heritage Discourse and Cultural Heritage Law Sophie Vigneron. Kent University (UK) - S.Vigneron@kent.ac.uk This paper aims to develop a critical perspective of cultural heritage law through the prism of Authorised Heritage Discourse. Firstly, it will present the traditional distinction between market nations and source nations, or cultural nationalist and cultural internationalist that initially created a framework to address the issues of the regulation of cultural objects. It will then criticise this dichotomy which is too simple in its distinction between right and wrong as well as its analysis of international conventions, which does not take into account countries that are both source and market nations like France and Italy or Australia with the booming of the aboriginal market, which ignores local tribes or ‘intra-nationalist’ like American Indians or Australian Aboriginals who might claim for the restitution of their cultural heritage/cultural property from the national state. This binary distinction ignores certain forms of heritage and minority stakeholders’ voices in the protection and identification of heritage. Secondly, this paper will describe the concept of Authorised Heritage Discourse as developed by Smith in the discipline of heritage studies. It will critically analyse the core principles of heritage law through Authorised Heritage Discourse: the obligation to respect cultural property in the event of armed conflict, the obligation to abstain from appropriating and transferring cultural property within militarily occupied territories and the corresponding obligation of restitution, the principle of cooperation in times of peace for the prevention and remediation of the illicit traffic of movable cultural property, the respect for national laws protecting cultural property, the respect for cultural diversity and the protection of living cultures. Finally, this paper will refer to Authorised Heritage Discourse to critically assess the dominant political and legal discourses that are prevalent in the legal protection of cultural heritage both nationally and internationally. Cultural Heritage and the City: Urban Conservation and Collective Memory in Hong Kong and Macau Mirosław M. Sadowski, University of Wroclaw (Poland) - mmsadowski@gmail.com The 20th century has brought us, among other things, the destruction of objects of culture on an unprecedented scale. They perished not only in wars and conflicts, but also due to human ignorance, greed, negligence, and, perhaps most importantly, lack of rules protecting cultural heritage. However, despite the fact that in the 21st century we have numerous regulations, both on a national and international level, which aim to protect the cultural heritage, they often fail to do that. In particular, due to the fact that land suitable for building on is scarce, modern cities have turned into unobvious ‘battlefields’, with city councils, developers, heritage preservation groups, and citizens often finding themselves in opposing groups. The aim of this paper is to examine various conservation approaches and mechanisms employed in two extremely difficult environments (as they both principally lay on islands): Hong Kong and Macau. In the first part of this article, M. M. Sadowski briefly investigates the history of the two cities, remarking on the events which led to the creation of the two extremely potent local cultures. In the second part of the article, the author introduces and compares the two unique legal systems of Hong Kong and Macau, focusing on the regulations concerning protection of the cultural heritage. The third part of the article is devoted to the problems concerning urban conservation in the two cities, which arose in recent years, i.e. the case of Guia Lighthouse and the issues regarding construction of casinos in Macau, and the cases of the ferry piers, of the Nga Tsin Wai village, and the Fishball Riots in Hong Kong. In the last part of the paper, M. M. Sadowski reflects on the collective memories of the two cities, looking into their connections with Hong Kong and Macau’s rich cultural heritage. Panel 4: Cultural Heritage Law in India Chair: Zehra Betul Ayranci A Novel Perspective on Cultural and Natural Heritage; Innovative Alterations to the Existing System and Thoughtful Addendums for Future Emil Sunil George, Symbiosis Law School, Pune (India) - emilsunilgeorge@gmail.com Culture is a collective programming of mind with its preconceived pattern with elements such as language, traditions, articles and practices. Differences in this pattern give rise to different cultures with intrinsic traits. Heritage is something that is passed on from one generation to another generation cutting through the passage of time to persevere the obstacle of obsoleteness. Cultural and natural heritage are well integrated at times where the line of difference dilutes. Defining cultural and natural heritage aptly that combines the tangible and intangible aspects and its impacts is a pending target. Effectiveness and common lacunae’s in various legal systems (comparative approach) when it comes to preservation and protection of heritage will be discussed while understanding the impact of UNESCO conventions of 1972 and 2003 on preservation of tangible and intangible heritage alongside an insight into major threats towards preservation of heritage spanning from manmade innovative advancements to conflict zones and natural causes reflecting marks of time with related examples and scenarios. The objective is to beam light in the grey area of preservation by remodeling the rules; delegating authority and responsibility to local community stake holders in an inclusive approach and tapping the potential for monitored heritage tourism with financial incentives and opening up for digitization of places idolized for its significance but faces imminent threats of destruction or defacement. It is vital to discover the possibilities of integrating the innovative breakthroughs in natural and cultural heritage preservation to the legal enactments of the land. This work of research relies upon understanding and analysis of environmental reports, expert interviews, legal reports, finance articles, news articles alongside conservation and preservation related legal enactments of few countries. Intellectual Property Rights Law: A Tool for Legal Protection of Cultural Heritage – Indian Experience Lisa P. Lukose, University School of Law and Legal Studies (India) - drlisarobin@ipu.ac.in The expression ‘cultural heritage’ in its broadest sense encompasses cultural expressions and traditional knowledge. They assume significance as it reflects the culture of the nation and its people. They are perceived as valuable sources of identity, creativity and diversity. At global level, they are recognized as forming the intangible component of cultural or natural heritage. The constitutional and domestic laws of various nations attach the legal duty to protect, conserve, preserving, showcase and revitalize such cultural heritage. The discussion on the legal protection of cultural heritages and traditional knowledge began four decades ago at international level as part of initiates aiming at legal recognition of indigenous peoples and traditional and other cultural communities. As of now, the international community has made certain legislative achievements on the international level such as ‘Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and Other Prejudicial Actions’- (UNESCO/WIPO, 1982); ‘the Convention on Biological Diversity’ - (CBD, UN, 1992); the Convention for the Safeguarding of the Intangible Cultural Heritage (2003) etc. India is a country having much respect for her cultural heritage. India’s rich cultural heritage is 5000 years old. As historians say India’s culture is a ‘civilisational legacy to the world’. Dr. A.L. Basham, in his work titled ‘Cultural History of India’, states that “…while there are four main cradles of civilisation which, moving from East to West, are China, India, the Fertile Crescent and the Mediterranean, specially Greece and Italy, India deserves a larger share of credit because she has deeply affected the cultural life of most of Asia. She has also extended her influence, directly and indirectly, to other parts of the World.” There are many legal provisions including constitutional provisions prevailing in India to protect cultural heritage though there are criticism against their efficacy. Intellectual Property rights are considered to be an important tool in India for protecting cultural heritage. Against this backdrop, this paper will critically analyse the existing Intellectual Property Laws’ provisions on protection of cultural heritage. This paper will also discuss landmark decisions from India on protection of cultural heritage such as Amar Nath Sehgal v. Union of India. Analysis of Law Relating to Protection of Heritage – Reconfiguring Corporate Resources in Reference to India Kanwal DP Singh, University School of Law and Legal Studies (India) - kanwal.als@gmail.com Methodologies and legislative frameworks regarding the conservation and preservation of heritage differ throughout the world. At the international level, the United Nation Convention on the Law of the Sea (hereinafter “UNCLOS”),and the UNESCO Convention on the Protection of the Underwater Cultural Heritage(UCH) delineate legal principles to protect and preserve culture and heritage. Many countries have also enacted statutes to regulate protection of heritage. Conventions, statutes, and case laws provide a legal framework and comprehensive understanding of different national research traditions, methodologies and legislative structures is needed. Social scientists need to trace the process of heritage governance through corporate bodies. Use of corporates for heritage policy statements serve as a way to develop economic capacities. Protection of heritage may be offered by corporate interests as a bargaining chip to negotiate enhanced access to resources but a balance needs to be maintained. In general, corporate social responsibility (CSR) programmes of corporates in India rarely involve initiatives about protecting culture and heritage. Projects on education, water, poverty alleviation and almost every other potential focus areas listed out under schedule VII of the Companies Act, 2013, find precedence over heritage conservation, indicated under entry (v) of schedule VII. The importance of engaging communities through initiatives on art and culture is not being put forth systematically and corporates are not aware about the benefits of carrying out such programmes. This field thereby poses immense potential for executing successful CSR programmes which can align a corporate’s activity to its core business.There is need for total rethinking of the laws. The cultural heritage faces danger from treasure hunting due to ambiguities in law and lack of proper enforcement and implementation of the law. Conservation and preservation should be the basis of the legal framework. The laws need to be formulated keeping in mind the economic disparity in the world. There is a need for historical appreciation by common public and also a need to take the issues outside the academic arena.The essay shall discuss the need for new structures to make preservation of heritage an amalgamation of profit and a knowledge seeking venture. It would discuss the benefits of commercialization of heritage to preserve and conserve. The essay hopes to look for protection of cultural heritage through the prism of law keeping the cultural & heritage considerations in mind. A new methodology needs to be developed keeping in mind the economic considerations of developing countries like India. The essay hopes to strike a balance between heritage protection and economic considerations which is necessary to make it an academically and financially profitable venture. Impact of Globalization, Westernization on Indian Culture: Good or Bad? Ankit Bhandari and Srijan Mishra, National Law University (India) - ankitbha58@gmail.com Globalization has become a key word in today’s world, and the world of today is very different from what it was ten years ago, even from what it was yesterday. Today, development happens overnight. One of the countries that has been focused on during the past decades is India. In 1991 when the Indian economy was opened the pace of globalization in India suddenly accelerated. Since 1991 India had witnessed an explosion of new media. From the 1990 the access of the television grew from 10% to 75%. Within a decade, satellite television and foreign movies became widely available. The Indian urban and rural life is viewed as the two faces of the same coin. They are mutually interdependent and both have a greater impact of globalization. India is getting global recognition and slowly moving forward to become a major economic and political strength. Thus, the paper clearly elucidates that globalization is a complex phenomenon and its impact on rural and urban life clearly. It has a very profound impact on both Indian rural and urban life. As a result globalization has shown remarkable growth in urbanization and rural development. Thus present paper focuses on the impact of the globalization on the Indian culture and whether due to globalization and westernization, Indian culture has taken a setback. Panel 5: Modernization of Cultural Heritage Law Chair: Lisa P. Lukose Transforming India’s Antiquated Antiquity Laws Arkalgud Ramaprasad, Chetan J Dixit, Priyansha Rawat, Swati Singh, and Vijeth Acharya, National Law School of India University, Bangalore (India) - vijethacharya@nls.ac.in India is a land of extraordinarily rich heritage and diverse culture with a history of thousands of years. Its cultural heritage artifacts are tangible, intangible, and natural. In addition to immovable monuments and archaeological antique sites, India is also rich in tangible movable antiquities. In this era of globalization it is imperative for any country and its citizens to understand their history so that they can protect, preserve, and propagate their antiquities. In doing so, the interaction between the country’s governance and culture plays a critical role. The legacy of India’s cultural Renaissance in India dates back to the colonial times marked by the enactment of Bengal Regulation XIX of 1810.This tradition of cultural preservation continued in the post-independence with the enactment of The Antiquity and Art treasure act of 1972. However, presently the government is facing hurdles in preserving the vast antiquarian wealth. It is not documented properly except for the registered antiquities and those in some museums. Due to the changing times and gray spots in legislations there have been increased cases of plundering of antiquarian wealth for selling in the international market. This paper presents a comprehensive, systematic and systemic analysis of India’s laws on antiquity using an ontological framework. The ontological analysis throws light on the gaps in these laws to protect, preserve and propagate India’s rich heritage embodied in its antiquities. The ontological study of the existing laws provides an approach to a stronger base for preserving antiquarian wealth by focusing on the laws’ bright, light and blind/blank spots. The ontology could be used as a guide for developing a comprehensive legislation that caters to the needs of present society. Simultaneously, an executive action coupled with technological intervention could rescue the country from its antiquated antiquity laws. Internet and Popular Pakistani Literature Muhammad Kamran, Oriential College (Pakistan) - kamran.urdu@pu.edu.pk It is a fact not deniable that evolution is an ongoing process. It triggers the quest of innovative paradigms for the promotion of fine arts and literature. The use of internet has compressed the wide distances of the universe. The use of Internet is increasing day by day in Pakistan. Such digital progress in digital world has deep effects on social, economic, literary and political life. Interdisciplinary research has not only bestowed new dimensions upon the minds but also has led to the ways of integrity in different spheres of fine arts. In my research paper, I shall focus on the point that the Internet has proved itself an important source regarding promotion of art, culture and literature in Pakistan. The Internet reader shall find this research paper a basic document for understanding the trends of arts and variation of cultures in Pakistan. The article while discussing the role of Internet in the promotion of Pakistani art and literature also touches upon the contemporary literary, social and political milieu of the Pakistani society in 21st century. Fear of Hollywoodzilla: Future Cultural Heritage, International Law and Call For Duty to Preserve Diversity in Global Film Industry Zehra Betul Ayranci, Istanbul Bilgi University School of Law (Turkey) - betulayranci@hotmail.com Since the United Nations Organization and the United Nations Educational Scientific and Cultural Organization (“UNESCO”) were formed and the Universal Declaration of Human Rights was adopted, cultural diversity, heritage and human rights have been widely researched. Most of the related research surround legal, ethical and international issues concerning tangible cultural objects, such as illicit trafficking, restitution of the looted artifacts, and destruction of historical sites. Legal systems typically providing special protection for cultural heritage that falls within their national patrimonies have recently started adopting legislative measures and creating policies regarding intangible cultural heritage, as well. Accelerating such process, the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression has also encouraged policies concerning future heritage, including film industry. This paper looks at linkages between conserving future intangible cultural heritage by maintaining cultural diversity and enforcing identity and culture as a human right with specific focus on the film industry. Questioning the notion of culture itself being hegemonic or colonial, this paper documents the fear of McDonaldization, by giving examples from the trends in Turkey and China in the face of American productions taking over the global film industry. It also takes a bold approach to deconstruct existing paradigms to push for legally enforceable protection to diversity and criticizes the unequal valuation in the name of culture. Rather than another traditional retrospective analysis of the cultural heritage preservation, this paper embracing precarity introduces a prudential viewpoint towards constructing future heritage from today by preserving cultural components. Interrogating whether international community has a legal and ethical responsibility to protect diversity, this paper ultimately calls sovereigns and global society for an objective pro-polycultural intervention. Safeguarding Intangible Cultural Heritage: Challenges and Experiences Ali Aghahosseini Dehaghani, University of Nantes (France) - aliaghahosseini@gmail.com Cultural Heritage has come to be viewed as a shared common interest of humanity, to be kept safe and protected under the auspices of international law. From the early interest of international community in protecting cultural heritage during periods of peace and war, this interest has expanded and evolved to include intangible cultural heritage which is a relatively recent addition to the corpus of international heritage law. There are some questions about the nature and function of this new concept of international law. This contribution is an attempt to provide answers to these questions. To this end, the paper will be divided into four parts. The first part of the article, as a brief historical note, will discuss the shifts and divergences that have taken place within the heritage discourse to accommodate the notion of intangible cultural heritage. Indeed, the conceptual development of intangible heritage reflects an intellectual shift stemming from discourse in international forums and a general criticism that monuments do not embody all forms of cultural heritage. The second part explores the foundations of intangible heritage law and its link and interaction with cultural rights. The third part aims to analyze the current status of intangible cultural heritage by examining the challenges of legislative protection of intangible heritage at international level. The last part will examine the experiences on national implementation of intangible heritage law and safeguarding measures by discussing the methods of translating and incorporating related international legal rules into domestic legislation. 9. CRITICAL PSYCHOLAWGY: DIALOGUE AT MODERN TIMES BETWEEN LEGAL AND PSYCHOLOGICAL SCIENCES Stream organisers: Mathilde Coulanges, Sandra Da Silva, Orane Hmana, Rachid Oulahal, Yann Zoldan, Sonia Harrati and Patrick Denoux (all University Jean-Jaures, Toulouse) Links between psychology and law rightly raise more and more scientific awareness. The human being, as the common object of this two fields, is studied from both an individual and a social perspective. This stream is an invitation to build an interface and exchange between clinical psychology(1), cross cultural psychology, justice and law through a critical perspective. This critical approach(2) can be reached with a psychoanalytical lecture of society(3). Indeed, this stream aims at enlightening Law by opening a dialogue with respect to social ties within a legal emergency legislative culture, migrants rights, post-colonial laws, counterterrorist justice. The violence/criminality and colonialism/migration proposed topics are in keeping with a transversal approach. In this approach, the researches belong to an always renewed process, linking psyche, culture and society. Violence and criminality at modern times Violence and criminality are breaking news. Legal, Social and sanitary treatments are, all over the world for victims and authors, one of the main stakes for public policies and institutional practices. Moreover, professional practices are always actualized under legal securitarian policies and their praxeological, judiciary and clinical applications. Multidisciplinary answers in criminology articulate the justice and health domains, as for the care organization in forensic, social counselling, legal monitoring and relapse prevention. Through this topic, our goal is to question how clinical psychology and cross cultural psychology can enlighten the understanding of criminal and violent subjects and consequently provide them support. Our specific approach is focused on understanding people involved in criminal activities by taking into account their singularities but also the conscious and unconscious dynamics that underlie these criminal/violent behaviours(4). Finally, this means to understand how the historical, cultural and political contexts these subjects are involved in, are related to the emergence of those violences, victimization, delinquencies and criminalities, considering the complexity of present and past situations. Witnesses of historic violence through clinical testimonies: from colonialism to migration Delinquency, usually considered from a legal perspective, may also be regarded as a postcolonial reaction.(5) Within some of the European countries, we witness an increase of gangs phenomenons, violences and risky behaviours from “racialized” youths who are designated under the stranger status(6). By considering their History we may highlight some senses and significations from their delinquency behaviours. As a result of the various colonial histories(7) of the second part of the 20th century, the important migration waves raise the question of the migrants’ intercultural temporality. What perspective can bring the clinical psychology and the cross cultural psychology, with respect to the legislation and the migrants’ life course? When the migration was forced to avoid violence and armed conflicts, as for asylum applying migrants, how can an identity process emerge without any legal recognition? How to move forward from the trauma experience while the trauma recognition is a prerequisite to a legal status? In case of a chosen migration, such as for economic reasons, the question of settling permanently in the host country or returning to the country of origin is constantly renewed. It is now time to provide those populations with adequate institutional and care programs that respect intercultural temporality. This stream is an invitation to an interdisciplinary dialogue to open discussions in a world in perpetual motion. We are looking for papers on those topics: Psychocriminology, Critical Psychology, Psychoanalysis, Post-colonial and Critical historical studies.
Panel 1: Critical Psychology: Cross-Cultural and Clinical Perspectives Chair: TBC Directory: law law -> Law in American Society Black History Month Essay Contest law -> A brand New Image? Should Personality Rights be law -> Jurisdiction of the Courts law -> Luther V. Borden: a taney Court Mystery Solved law -> ‘Intellectual Property Rights in Sport’ law -> The law of tort introduction a. What is a Tort? law -> Law of Delict Chapter 1: General Introduction law -> Appendix C: Federal and Minnesota Case Law Summaries Download 0.92 Mb. Share with your friends:
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