ABSTRACT

The disciplines of heritage law and cultural governance are increasingly being defined by shifting international discourse, evolving theories and emerging regulatory norms. In recent decades, these influences have steered the disciplines to encompass a broader conceptual understanding of heritage. The concept of cultural heritage has moved away from the focus on monumental and physical heritage or ‘cultural property’ to include notions of underwater heritage, living human treasures, traditional knowledge, language, cultural diversity and performing arts (Blake 2000). Frigo (2004: 369) recognises that the definition of cultural heritage in international heritage law is diverging from the prevailing definition of heritage as monuments and objects by providing that ‘the non-material cultural elements (like dance, folklore, etc) [are] more recently deemed entitled to legal protection at the international level’. It is clear that a broader understanding of what encapsulates cultural heritage has driven UNESCO’s normative action over the last decade and has lead to the drafting and adoption of international conventions, protocols, declarations and recommendations specifically for the protection of intangible heritage and cultural diversity. This shift within international heritage law is characterised by the recent adoption of three treaties; the Convention on the Protection of the Underwater Cultural Heritage (2001), the Convention for the Safeguarding of the Intangible Cultural Heritage (2003) and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005).