Foundations of Collective Cultural Rights in International Human Rights Law

Although collective cultural rights are included in international human rights law, their precise place and their nature and significance are not well-explored or understood. This paper aims to show where collective cultural rights can be found in international human rights law and explore how these rights fit in the general body and framework of international human rights law. The starting point in this chapter is international human rights law, which implies that the analysis of collective cultural rights is framed by positive law and international legal instruments, such as treaties and conventions, as well as by soft law instruments, such as declarations, recommendations and resolutions. In this paper, the two categories of collective rights and cultural rights are defined, drawing a distinction between a) different types of collective rights, including rights for collectivities as such, rights for individuals as members of collectivities, and rights with a collective interest or object; and b) between different types of cultural rights, including rights that explicitly refer to ‘culture’ and rights that relate to culture or have a cultural dimension. This paper furthermore analyses various contentious issues surrounding collective rights and cultural rights in international human rights law, including the lack of clarity on the object and subject of these rights. The paper then outlines the different forms of collective cultural rights in international human rights law, by providing examples of legal provisions in international human rights law that can be classified as collective cultural rights. Finally, the paper elaborates on how collective subjects and collective cultural interests are integrated in international human rights law and analyses how and to what extent collective cultural rights provisions provide answers to the above-noted issues

European Fantacy of the Arctic Region and the Rise of Indigenous Sámi Voices in the global Arena

Peer reviewe

Intangible Cultural Heritage in the Pacific Islands: Why Europe should listen in

Pacific Island countries (PICs) are developing countries representing one of the culturally richest and most diverse regions worldwide. A decade ago, the realization evolved at international level that intangible cultural heritage (ICH) represents a development tool with an inherent commercial value. Regional initiatives are currently trying to balance objectives of development and protection of ICH with the need for commercial exploitation and effects of commodification. Yet, the same cannot be said about the Economic Partnership Agreement (EPA) between PICs and the EU. The article advocates that current EU efforts in supporting regional and national processes meant to establish a preliminary level of legal protection for Pacific ICH are insufficient and inappropriate to the ‘living’ character of ICH. It promotes a more context-oriented design of intellectual property rights (IPR) provisions in EU policy instruments aimed at sustainable development of the Pacific region