Settlement Of International Disputes Regarding Intangible Cultural Heritage Under United Nations

Three major issues can be concluded from settlement of international disputes regarding intangible cultural heritage under United Nations (referred to as "UN") discussed hereafter, including (1) background information of international disputes regarding intangible cultural heritage under United Nations; (2) domestic settlement mechanism and international settlement mechanism; and (3) settlement of such disputes in China and potential improvement.International disputes regarding intangible cultural heritage under United Nations focuses on the essence of the disputes. Analyzing it will give an access to dispute settlement mechanism. Pursuant to Convention for the Safeguarding of the Intangible Cultural Heritage (referred to as "'Convention"), UN intangible cultural heritage disputes refer to the disputes occur between or among Parties to the Convention, for the purpose of claiming the right to intangible cultural heritage. Based on such definition, the subject of such disputes can only be countries that have entered into Convention and the object can be nothing but the intangible cultural heritage or the right to it. Compared with other international disputes, intangible cultural heritage disputes involve both public and private legal issues, which distinguishes such disputes from all others and result in differentiated settlement mechanism.With the development of intangible cultural heritage, related disputes increase as well. From Lego toy name dispute to Yada Compnay's "Indigenous People'" products dispute, from Maca dispute to Basmati dispute, not only the number of the disputes has been increased, but also the involved areas have been enlarged. How to settle such disputes draws attention from UN and even the whole international society. UN, however, has not established uniform dispute settlement mechanism or specialized dispute settlement body, resulting in the application of domestic meditation or litigation as resolution. Though domestic meditation or litigation can play its part, it can not overcome the principle of sovereign equality, which makes it difficult for a domestic meditation result or judgment to be enforced out of territory. In addition, domestic meditation or litigation agency would probably be biased, losing fairness and neutrality. Given these, UN should encourage its members to adopt diplomatic and legal approaches as international dispute settlement mechanism on condition that UN provides conveniences, such as offering professional personnel, establishing related committee and conveniences, such as offering professional personnel, establishing related committee and setting up specialized judicial court and arbitration court. Compared with domestic mechanism, international mechanism is more authoritative and impartial. Therefore, taking UN as a neutral party would make it easier for intangible cultural heritage disputes to be settled.As a party country to Convention, China has been entered into intangible cultural heritage dispute with other countries, such as Dragon Boat Festive dispute with Korea and potential folk song dispute with Mongolia. When settling these disputes, China mainly relied on UN Convention and has not applied diplomatic or legal approach. Considering this situation, China should improve dispute settlement mechanism through theoretical and practical aspects. On one hand, China should make dispute settlement laws and regulations at all levels, preparing for national and local intangible cultural heritage disputes. On the other hand, government should be familiar with international diplomatic and legal approaches and propose that UN makes authoritative documents, provides uniform standard and procedures and sets up specialized institutions to accommodate potential disputes concerning China in the future.