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International Heritage Law for CommunitiesExclusion and Re-Imagination$
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Lucas Lixinski

Print publication date: 2019

Print ISBN-13: 9780198843306

Published to Oxford Scholarship Online: July 2019

DOI: 10.1093/oso/9780198843306.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 October 2021

Definitions: From Cultural Property to Cultural Heritage (and Back?)

Definitions: From Cultural Property to Cultural Heritage (and Back?)

(p.27) 2 Definitions: From Cultural Property to Cultural Heritage (and Back?)
International Heritage Law for Communities

Lucas Lixinski

Oxford University Press

This chapter focuses on the multiple definitions of ‘heritage’ in UNESCO instruments, and particularly on their relationship to the idea of ‘property’, with respect to communities’ engagement with heritage. It examines the drafting history of the key UNESCO treaties in the area, to identify the role of communities and other stakeholders in the definitions, as well as the political compromises made. The chapter also re-examines the move from ‘cultural property’ to ‘cultural heritage’, an important part of the elevation of the field to one overseeing international public goods. The chapter argues that this shift has had unintended consequences, key among which is the exclusion of communities. The field would do well to revisit the idea of ‘property’, but, as the chapter discusses, as a specific understanding of property that goes against conventional wisdom based on property as the ultimate bastion of individual liberty.

Keywords:   definitions, drafting history, cosmopolitanism, property, heritage

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