legal protection of the world cultural and natural...

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世界文化遗产和自然遗产的法律保护 Legal Protection of the World Cultural and Natural Heritage

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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

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  • 1. Legal Protection of the World Cultural and Natural Heritage

2. Great Wall

  • The first of New Seven Wonders of the World

3.

  • MountTaishan

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

  • 1972
  • 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

  • , 1 2 , , , ,
  • 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

  • 2001 19 2003 10
  • 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

  • (a)
  • (b)
  • (c)
  • (d)
  • 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

  • (a)
  • (b)
  • (c)
  • (d)
  • (e)
  • 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

  • 2004 28
  • 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
  • Yin Xu
  • 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.

  • THANKYOU