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Intangible Cultural Heritage in International Law$
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Lucas Lixinski

Print publication date: 2013

Print ISBN-13: 9780199679508

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199679508.001.0001

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Contractual Approaches

Contractual Approaches

Chapter:
(p.205) 7 Contractual Approaches
Source:
Intangible Cultural Heritage in International Law
Author(s):

Lucas Lixinski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199679508.003.0007

Finally, contractual approaches can be used, meaning legal arrangements directly amongst the different stakeholders interested in economically exploiting intangible heritage. While this chapter draws primarily on private law concepts, it moves beyond the private law domain, by suggesting a strong role for the State in the oversight of these transactions and the correction of contractual imbalances amongst the parties. Contractual approaches are the most sophisticated type of solution, and the one that can more easily address idiosyncrasies within each community regarding the control over their heritage. The chapter examines contractual approaches in light of discussions about free, prior, and informed consent; the role of the State in correcting contractual imbalances; agency and representation; and financial issues arising from the economic exploitation of heritage.

Keywords:   Contractual approaches, free, prior, and informed consent, agency and representation, financial issues, transactions on heritage, economic exploitation

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