ABSTRACT

A common assumption among heritage lawyers is that cultural heritage is too special, too unique, to be put alongside other things. This chapter examines the under-developed relationship between intangible cultural heritage (ICH) and economics. It traces initial attempts at tackling economics in revisions of the Operational Directives to the Convention for the Safeguarding of the Intangible Cultural Heritage, as well as the relationship between ICH and economics in fora like the World Intellectual Property Organization (WIPO) and the World Tourism Organization. The WIPO draft articles on the protection of Traditional Cultural Expressions make an effort to engage with communities, and thus set themselves apart from conventional IP regimes. Economic interests can be coopted by the tourist industry or by governments, but it never seems to be within reach of the communities, whether they wish to embrace or reject the commodification and exploitation of their heritage.