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.
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