The Legal Protection of Intangible Cultural Heritage

Abstract

This research examines the legal and legislative framework for protecting intangible cultural heritage, highlighting its importance as a core mechanism of preservation, regulation, and deterrence. Legal protection plays a critical role in safeguarding intangible heritage and supporting related security and conservation efforts.

The research problem lies in assessing the effectiveness of the national legal system in protecting the elements of intangible cultural heritage, as well as the extent to which the national legal framework has been developed and updated to meet protection needs. The significance of this study stems from the necessity of establishing a robust legal system that preserves cultural heritage due to its symbolic, cultural, and civilizational value at both the tangible and intangible levels. The study also highlights the nature of legal protection provided under both international and national legal frameworks.                                             

The study concludes that antiquities and museums in Libya are protected under Law No. 3 of 1995. However, the law requires updating to respond to the scale of potential violations and damage. The research recommends accelerating the enforcement of the provisions outlined in Chapter V of the law and increasing penalties by the competent authorities to ensure a more effective protection of intangible cultural heritage.