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最終更新日:2026年4月20日

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Theory of Transnational Markets and Civil Society III

Cultural Heritage, Law & Policy in the Asia-Pacific
This course examines cultural heritage, law and policy across countries in the Asia-Pacific region, with a particular focus on Indigenous cultural heritage and traditional knowledge, alongside international and comparative approaches to the protection of heritage.

The term ‘cultural heritage’ can refer to a broad range of concepts, including tangible heritage (sites, monuments, objects), intangible heritage (language, stories, customs, lore), movable and immovable heritage. It may refer to the cultural heritage of a specific country, and/or the cultural heritage of specific Indigenous groups within that country. Law and policy do not always recognise these distinctions. Issues affecting cultural heritage can range from the impact of colonisation; a failure to recognise and protect Indigenous groups; the impact of war; and modern environmental factors.

The first part of the course introduces students to the course concepts, focusing on traditional knowledge, Indigenous cultural heritage, the role of colonisation, and more general approaches to the term ‘cultural heritage’. It then examines the different international organisations that oversee and legal frameworks that have been introduced in this area, some effective and some less so, in addition to the approaches that individual countries have adopted in protecting these different areas, using existing intellectual property regimes or bespoke heritage law.

The second part of the course focuses on specific country case studies, including Australia, New Zealand, Vietnam and Indonesia, examining the Indigenous cultural heritage and traditional knowledge of groups within these countries and the various, significant challenges that these Indigenous groups have faced. It then examines the Ainu people and recent legal efforts in Japan recognise and protect the culture of this group, before turning to the comprehensive domestic and international protection that Japan has adopted for its cultural heritage more generally. The course finishes with a reflection on the role of museums in the displacement of Indigenous cultural heritage and cultural heritage more generally; the ongoing, recent attempts to return Indigenous tangible cultural heritage to ancestors; and how law may help or hinder such attempts.

Students do not need to have undertaken any prior legal study to successfully complete this course.
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時間割/共通科目コード
コース名
教員
学期
時限
31M350-0263S
GAS-GS6A26S3
Theory of Transnational Markets and Civil Society III
キャサリン ボンド
S1 S2
水曜2限
マイリストに追加
マイリストから削除
講義使用言語
英語
単位
2
実務経験のある教員による授業科目
NO
他学部履修
開講所属
総合文化研究科
授業計画
Class 1 (online) – Introduction to the course: This class will introduce students to the course content, structure and assessment Class 2 – Indigenous cultural heritage, traditional knowledge and cultural heritage: In this class we will examine the nuances and differences between course concepts, including the distinctions between Indigenous cultural heritage and traditional knowledge, and cultural heritage more generally Class 3 – International law and legal frameworks: This class will introduce students to international legal frameworks that seek to protect Indigenous cultural heritage, traditional knowledge, and cultural heritage more generally, including the UNESCO World Heritage Convention (1972) and the Convention for the Safeguarding of the Intangible Cultural Heritage (2003) Class 4 – Domestic law and legal frameworks: Drawing on examples from various Asia-Pacific countries, this class will focus on how countries have sought to protect Indigenous cultural heritage, traditional knowledge, and cultural heritage more generally within their own borders, including through intellectual property and bespoke heritage laws, and the limits of these laws Class 5 – Australia, Part I: In this class we will undertake the first part of a case study on Australia, focusing on the connection between First Nations people and Country and how this manifests in the lore, customs and stories of different Indigenous groups throughout Australia Class 6 – Australia, Part II: In the second part of our case study on Australia, we will examine how law has been used, sometimes effectively and sometimes not, to protect the cultural heritage of Aboriginal and Torres Strait Island peoples Class 7 – New Zealand: This class will consider the protection of Māori cultural heritage and traditional knowledge in New Zealand; the role of the Treaty of Waitangi (1840); and more recent public and private claims over this heritage and knowledge Class 8 – Indonesia: We will examine the rich tangible and intangible cultural heritage of the Indigenous groups of Indonesia, the impact of colonisation and the challenges presented by modern environmental factors Class 9 – Vietnam: This class focuses on a case study of Vietnam, the destruction of Indigenous cultural heritage during the Vietnam War, and recent legal attempts to better protect that heritage Class 10 – Japan and the Ainu people: In this class we will examine the history and culture of the Ainu people and recent efforts to recognise and protect this culture within Japan Class 11 – Japan and Cultural Heritage: Japan has used both rigorous domestic frameworks and international legal mechanisms to protect cultural heritage. In this class we will consider these different frameworks and practical challenges to the protection of national cultural heritage in Japan Class 12 – Museums, cultural heritage and law in the Asia Pacific and beyond: How have museums, and the laws that create and regulate these institutions, perpetuated challenges and controversies with respect to Indigenous cultural heritage, and cultural heritage more generally? Class 13 – Course Conclusion: In this class we will evaluate and reflect on the topics and content that we have explored over the semester
授業の方法
There will be one 90-minute class per week. Classes will be taught seminar-style with regular opportunities for student discussion and participation. The course will be taught in English.
成績評価方法
There are two graded assessments for this course. 1)Class participation 25% Students will receive a grade based on regular and active participation in the course. 2)Research essay 75% Students will complete a research essay based on their selection from a series of set questions based on course topics. Further information on assessment will be provided in Class 1. All assessment must be completed in English.
履修上の注意
Preparation: Students should complete all required preparation prior to class. Participation and Engagement: Students will be required to engage in discussion and activities in each seminar and will receive a grade based on this participation. Attendance: Students are expected to attend class regularly throughout the semester. While a failure to attend one or two classes may be excused, students who expect to miss multiple classes must contact the course Professor via email to discuss this absence and alternative forms of course participation.
その他
Class 1 will be held online. From Class 2 all classes will be held in person on the Komaba I campus. Students will be expected to preparation for class in advance, usually reading a journal article, book chapter or judicial decision prior to attending class. A full preparation guide with links to course materials will be made available on UTOL at the start of semester.