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.