Intangible Cultural Heritage in the Pacific Islands: Why Europe Should Listen In

Abstract

Pacific Island countries (PICs) are developing countries representing one of the culturally richest and most diverse regions worldwide. A decade ago, the realization evolved at international level that intangible cultural heritage (ICH) represents a development tool with an inherent commercial value. Regional initiatives are currently trying to balance objectives of development and protection of ICH with the need for commercial exploitation and effects of commodification. Yet, the same cannot be said about the Economic Partnership Agreement (EPA) between PICs and the EU. The article advocates that current EU efforts in supporting regional and national processes meant to establish a preliminary level of legal protection for Pacific ICH are insufficient and inappropriate to the ‘living’ character of ICH. It promotes a more context-oriented design of intellectual property rights (IPR) provisions in EU policy instruments aimed at sustainable development of the Pacific region.