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Non-State Actors and the Implementation of the World Heritage Convention in Asia: Achievements, Problems, and Prospects
Abstract
The philosophy underlying the UNESCO World Heritage Convention of 1972 [WHC] consists in promoting a system of international co-operation in the context of which the States Parties commit to preserving the cultural treasures of “outstanding universal value” located within their territories. However, it is a fact that today many properties inscribed on the List set under the WHC are endangered. This paper will focus on the role played by “non-state actors” in the enforcement of the WHC. It will thus dwell upon the relationships between public and private interests, on the one hand, and between international and domestic legal orders, on the other. Its purpose is to map out and discuss the most salient problems about the involvement of non-state actors—particularly non-governmental organizations [NGOs] and private companies—in the monitoring and implementation of the WHC.
... Complicating implementation efforts are that the accommodation of local communities in decision making makes each WH site a function of its unique local context, and thereby implies that the universal reach of the WH system depends upon a broad range of site-specific management models requiring individual study. The result is a burgeoning scholarly literature working to delineate the various ways in which local contexts in developing countries challenge the implementation of WH Policy (see for example Chechi, 2018;Gullino, Beccaro, & Larcher, 2015;Halim & Ishak, 2017;Han, Yang, Liu, & Wall, 2016;La Rosa, Barbarossa, Privitera, & Martinico, 2014;Larcher, Novelli, Gullino, & Devecchi, 2013;Liu, 2017;Lixinski, 2015;Macheka, 2016;Owosuyim, 2015;Roders & van Oers, 2014). The present analysis builds upon such literature, using a case study of Sri Ksetra, a site within Pyu Ancient Cities that marks Myanmar's first WH site (UNESCO, 2017a), to expand understanding of the ways in which the implementation of WH Policy struggles to achieve its intended goals in developing countries like Myanmar. ...
... In particular, the field of development studies finds that efforts to promote international standards within developing countries need to exercise context-sensitive approaches to better address the contextual nuances within individual countries to improve their prospects for lasting change (Liljeblad, 2017;Nicholson & Gillespie, 2011;Nicholson & Low, 2013;Ware, 2012). Such concerns are matched by WH literature which argues that the implementation of WH Policy requires attention to local context (see for example, Allen & Lennon, 2018;Chechi, 2018;Liu, 2017;Lixinski, 2015;Roders & van Oers, 2014;Shende, 2014). The discourse on WH and sustainable development traces back to the inception of the WHC, with calls for both cultural heritage and natural heritage to exercise conservation while simultaneously promoting sustainable development (see for example, Job, Becken, & Lane, 2017;Laina, 2016;Roders & van Oers, 2011). ...
... The discourse on WH and sustainable development traces back to the inception of the WHC, with calls for both cultural heritage and natural heritage to exercise conservation while simultaneously promoting sustainable development (see for example, Job, Becken, & Lane, 2017;Laina, 2016;Roders & van Oers, 2011). The discourse is holistic, its attention encompassing consideration of interdisciplinary approaches and multiple issues as diverse as equity, peace and security, human rights, urban planning, as well as permutations of sites with varying associations of cultural and natural heritage (see for example, Blake, 2013;Chechi, 2018;Huibin, Marzuki, & Razak, 2013;Laina, 2016;Larsen & Logan, 2018;Roders & van Oers, 2011Zhang, Zhou, Wu, Skitmore, & Deng, 2015). Inherent to the calls for sustainable development are concerns over implementation of the WH system's standards within developing countries, with elements of the discourse directed to promotion of conservation and sustainable development strategies that enable greater engagement with local communities (see for example, Chechi, 2018;Gullino et al., 2015;Halim & Ishak, 2017;Han et al., 2016;Larcher et al., 2013;La Rosa et al., 2014;Liu, 2017;Lixinski, 2015;Macheka, 2016;Owosuyim, 2015;Roders & van Oers, 2014). ...
In November 2015, State Parties to the World Heritage Convention approved a resolution adopting a policy integrating sustainable development into World Heritage conservation (WH Policy). A central component of the WH Policy was an expectation for participatory models of management involving local communities in site management. This paper uses a case study of Sri Ksetra in Pyu Ancient Cities, Myanmar's first entry onto the World Heritage list, to identify how management practices toward local communities can frustrate the implementation of WH Policy goals. The paper argues that the implementation of WH Policy involves not only the contents of policy statements but also the actions of site management practices, such that efforts to promote sustainable development via community participation require consideration of both the articulation of appropriate management systems in formal policy documents as well as the practice of appropriate conduct by those systems.
... Bununla birlikte uluslararası hukuk teamüllerinin dönemsel olarak değişen dinamik bir yapıya sahip olmaları, diplomasi ile paradiplomasi arasındaki bu temel farkın zaman içinde aşınması ya da tamamen ortadan kalkması söz konusu olabilmektedir. Nitekim uluslararası hukukun zamanla ulus altı aktörlerin paradiplomatik davranışlarını daha fazla yasal görme eğiliminde olduğu gözlenmiştir (Chechi, 2018). Birleşmiş Milletler Gıda Örgütü, Birleşmiş Milletler Kalkınma Programı ve Birleşmiş Milletler Çocuklara Yardım Fonu gibi çok sayıda Birleşmiş Milletler Kurumu faaliyetlerinde ulus altı aktörlere yer vermektedir. ...
İnsanlık tarihinin son birkaç yüzyılı içinde varlık kazanarak evrensel ölçekte gözlemlenen siyasi bir örgütlenme haline gelen devletler, uluslararası politikayı anlamak üzere geliştirilen teorik yaklaşım ve kavramların uzunca bir süre odak noktasında yer almıştır. Devletler halen uluslararası politikada ayrıcalıklı bir konumda yer almalarına karşın, son dönemde ulus üstü ve ulus altı aktörlerin uluslararası politikayı etkileme kapasitelerinde bir artış gözlenmektedir. Küreselleşme, bölgeselleşme ve teknolojide yaşanan gelişmelerin eş zamanlı işleyişi, yeni aktörlerin devletlerin yanı sıra uluslararası politikada yer almalarının önünü açmıştır. Dolayısıyla devlet dışındaki aktörlerin dış politika davranışları dikkate alınmaksızın günümüzde uluslararası politikanın anlaşılması oldukça zordur. Bu çalışmada ulus altı aktörlerin dış politika davranışlarını açıklamak üzere geliştirilen bir kavram olan, paradiplomasi kavramı ele alınmaktadır. İki ana bölümden oluşan çalışmanın ilk kısmında, paradiplomasi kavramının ortaya çıkışı ve uluslararası ilişkiler alan yazınındaki yeri incelenirken; çalışmanın ikinci kısımda paradiplomatik faaliyette bulunan aktörler, söz konusu motivasyonları ve karşı karşıya kaldıkları tepkilere odaklanarak uygulamada paradiplomasinin nasıl işlediği konusu üzerinde durulmaktadır. Anahtar Kelimeler: Paradiplomasi, ulus altı aktörler, devlet, diplomasi, dış politika THE NEW FACE OF THE CHANGING DIPLOMACY: PARADIPLOMACY ABSTRACT States, as political organisation which gained existence in the last couple of centuries of the human history, constitute the focal point of the many theoretical approaches and concepts aiming to understand international politics. Despite the ongoing privileged position of the states, the capacity of the supranational and subnational political actors to influence international politics has enhanced tremendously. The concurrent operation of the developments such as globalization, regionalization and advances in technology has opened the way for the involvement of the different actors to the international politics across states. Hence it is difficult to fully grasp the current international politics without considering the foreign policy activities of the subnational actors. This study elaborates on the paradiplomacy concept which aims to explain foreign policy actions of the subnational actors and composes of two main parts. While the development of the paradiplomacy as a concept as well as its place in the International Relations literature is covered in the first part; subnational actors, their motivations and responses given to the paradiplomatic actions of these actors are elaborated in the second part focusing on the implementation phase of the paradiplomacy.
... NGOs have been recognized as facilitating the link between society, their identity, and conservation purpose; as well as advocating for environment cause. 69 Further, constructivist theory of international law recognizes NGOs for its role in facilitating dialogue and helping internalize international norms into national framework. 70 In Indonesia, other than with government officials, IUCN met and had dialogue with non-state actors when they monitored a site. ...
The World Heritage Convention demands its states parties to strengthen mechanisms to conserve and preserve natural and cultural heritage consistently. A party to the Convention, Indonesia faces challenges to maintain the balance of economic, social, and environment considerations, pertaining to policies that affect natural heritage. Nevertheless, Indonesia remains committed to observe the Convention’s rules, including ones on sustainability and conservation. As analyzed through transnational legal process theory, the performance of this commitment helps to internalize the Convention’s rules into domestic context. It is suggested that Indonesia step up its interaction with the Convention’s actors in the hope of expanding the internalization of the Convention since it will help Indonesia to design better nature conservation and preservation mechanism.
This article examines how Indigenous Peoples who depend on World Heritage sites for their culture and livelihood can appeal to the Committee when State Parties fail to comply with their obligations. While scholars criticize the World Heritage Convention for the lack of participation of Indigenous Peoples, particularly in the inscription and management processes, the framework of the Convention also allows representation and visibility. Indeed, compliance mechanisms offer opportunities for Indigenous advocates to negotiate Land sovereignty and environmental protection. TWAIL, which places the worldview of Indigenous Peoples at the center of legal practice, is crucial to understanding the interactions between Indigenous Peoples and the 1972 UNESCO Convention. TWAILers highlight how international law historically denies sovereignty rights to Indigenous Peoples. Article 6(1) echoes this absence of sovereignty. This article examines three cases in which Indigenous advocates petition to protect Native Lands against environmental degradations and colonization: Kakadu, Wood Buffalo, and Uluru. Ultimately, the challenges of Indigenous activists in their quest to preserve nature and culture reveal that the absence of sovereignty prerogatives remains a substantial issue. While the Convention provides a venue for advocacy and international awareness, Indigenous Peoples still must negotiate Land autonomy and cultural sovereignty with the State.
Este año se cumple el quincuagésimo aniversario de la Convención para la Protección del Patrimonio Mundial Cultural y Natural, adoptada el 16 de noviembre de 1972. En sus cincuenta años de existencia, la Convención ha resultado ser uno de los instrumentos normativos más exitosos de la UNESCO, tanto por el número de ratificaciones como por la fama de la designación de patrimonio mundial entre la población general. No obstante, en la actualidad el tratado también se enfrenta a serios desafíos que amenazan su capacidad para alcanzar sus dos objetivos principales: proteger el patrimonio de valor universal excepcional y contribuir a la paz y la seguridad internacionales. Este artículo analiza esos retos abiertos y, al hacerlo, pretende proporcionar una aproximación a la situación de la Convención en 2022.
‘World Heritage’ is well-known as a flagship program of UNESCO, inscribing cultural and natural heritage of outstanding universal value on its international ‘World Heritage List.’ The List, created under the Convention Concerning the Protection of the World Cultural and Natural Heritage (1972; hereinafter, ‘1972 Convention’), functions as a pivotal mechanism of the Convention to protect heritage of important value for the international community, and invites both States and NSAs to collaborate on its managing and updating.
The purpose of the UNESCO World Heritage Convention is to protect the global merit good of cultural and natural heritage of outstanding universal value for humanity. Many observers, however, have suggested that this international organization is subject to politicization as the selection process of sites on the World Heritage List is increasingly driven by countries’ political influence and national strategic interests. This article explores this possibility quantitatively by analyzing a unique dataset containing information from the summary records of the UNESCO World Heritage Committee’s sessions over the 2003–2012 period. Focusing on the difference between technical experts’ recommendations and Committee final decisions on new additions to the List, our empirical analysis addresses four main theoretical questions: (i) Does the World Heritage Committee follow the advisory bodies’ recommendations for the evaluation of heritage sites? (ii) Does Committee membership or size of national delegations influence the addition of sites to the List or an upgrade of the initial technical evaluations? (iii) Is the Committee’s decision regarding the selection of World Heritage sites driven by a country’s political and economic power? (iv) Do close political and economic relationships between countries influence Committee members’ behavior? The paper contributes to Public Choice literature on international organizations by providing new evidence on the role of political and economic interests in decision making concerning global merit goods.
This article considers the extent to which the legal framework for making land use decisions in Singapore allows for public participation. It examines the issue from two angles: the creation and preservation of the built environment, and the transient use of public space. The first angle is discussed primarily from a heritage law viewpoint, focusing on planning law, compulsory acquisition law, and the legal regime for creating national monuments. As for the second angle, the article looks at how the use of common spaces for assemblies and processions is regulated. The foregoing are examined in the context of Edward Soja’s assertion in
Seeking Spatial Justice
(2010) that the equitable distribution of resources, services, and access in cities is an important right.
This paper describes new developments and deliberations at the 35th Session of the World Heritage Committee in Paris in June 2011. One of the most striking aspects of this year's meetings was the vocal challenge to the expert status and authority of the Advisory Bodies (ICOMOS and IUCN) by the Committee in making recommendations for site inscription. By the end of the meetings they had overturned 22 of the Advisory Body recommendations previously presented in the Draft Decision. Many of those challenges reflect a broader desire to inscribe properties within nations that have been historically underrepresented on the World Heritage List. I also suggest, however, that long-standing political allegiances and new socioeconomic alliances were key factors in voting trends, while heritage sites themselves and their specific requirements received less substantive discussion. The ramifications of these developments for States Parties and communities in terms of site conservation and management can only be assessed in years to come.
This article examines United Nations Educational, Scientific, and Cultural Organisation (UNESCO) cultural heritage policies and Chinese state-directed tourism policies in contemporary Tibet. It begins with a brief overview of the tourism industry in Tibet, and moves to a discussion of UNESCO's focus on the preservation of world cultural sites in the name of universal values, noting how this aids state claims to authority over culture as a tool in state-building in places such as Tibet and Indonesia. The article then examines the effects state tourism policies have had on specific Tibetan sites, based on field visits to Lhasa and Shigatse in 2001 and 2002 and Xiahe (Gansu Province) in 2004.In a word, the Potala Palace, as a world cultural heritage and a place of religious activities, has drawn the attention of the world. With the deepening of the reform, opening and modermization drive and along with the implementation of the going-west strategy, the Potala Palace has become a treasure of the world. - Potala Palace Management Office (2002)
Since the last two decades, public participation has become a worldwide issue as the bottom-up approach has spread across the field of heritage conservation and city planning. This paper aims to examine the problematic issues in public participation in built-heritage conservation. The paper begins by highlighting the importance of public participation in built-heritage conservation and provides an understanding of the role of public participation in decision-makings in other countries; then, it examines a theoretical framework by which to understand the extent of public participation. Two controversial cases in Hong Kong illustrate the major problem issues in public participation in built-heritage conservation. This study found that the issues include different preferences regarding what is worthy of conservation; the lack of an effective public participation mechanism and integrated heritage conservation approach in the decision-making process; the different and conflicting interests of various stakeholders; power disparity; propaganda and mobilisation of interest groups; and the lack of knowledge on heritage conservation. According to the issues identified in the case studies, corresponding policy implications and recommendations to enhance public participation are made.
The World Heritage Convention, revolutionary in its conception thirty years ago, has today become the most widely accepted international legal instrument for the protection of cultural and natural heritage. Now, however, it requires adjustments if its successful implementation is to continue. These changes must not modify the Convention but must achieve an equivalent level of implementation. This article focuses on three issues, which are currently the subject of ongoing discussions: the representivity of the World Heritage List, equitable representation in the World Heritage Committee, and revision of the Operational Guidelines. The author not only describes the procedures for reform and the results achieved so far, but he also compares the legal provisions of this Convention to the other international legal instruments for the protection of cultural heritage.
This collection of papers offers a new rationale and framework for international development cooperation. Its main argument is that in actual practice development cooperation has already moved beyond aid. In the name of aid (i.e., assistance to poor countries), we are today dealing with issues such as the ozone hole, global climate change, HIV, drug trafficking, and financial volatility. All of these issues are not really poverty related. Rather, they concern global housekeeping: ensuring an adequate provision of global public goods. Many important lessons could be drawn by first recognizing this fact – revealing innovative reforms toward more effective international policy making in the twenty‐first century.
International environmental law is undergoing a serious crisis. In order to improve its “environmental effectiveness”, the adoption of a new founding paradigm is necessary. The new paradigm ought to be based on the concept of “ecological sustainability”, grounded on the duty to protect and restore the integrity of the eco-systems.Besides setting the framework for the revision of international environmental law on the basis of the “ecological sustainability” paradigm, this paper focuses on its application in climate change law. In this sense, a critical analysis is provided on the application of the most relevant flexibility mechanisms foreseen at international level by the Kyoto Protocol, namely the Clean Development Mechanism (CDM) and Emissions Trading, as well as of the most interesting instruments applied at EU level, namely the European Union Emissions Trading Scheme (EU ETS) and Carbon Capture and Storage (CCS).
Published on the 40th anniversary of the World Heritage Convention, this thematic collection of case studies provides a thorough understanding of World Heritage sites and their Outstanding Universal Value in the context of sustainable development. The case studies describe twenty-six thematically, typologically and regionally diverse World Heritage sites illustrating their benefits to local communities and ecosystems and sharing the lessons learned with the diverse range of stakeholders involved. The volume emphasises a holistic and integrated view of World Heritage, linking it to the role local communities play in management and protection, and to issues of ecosystem sustainability, and the maintenance of biological, linguistic and cultural diversity. Cross-disciplinary in its scope, this book will provide a meeting point for researchers, practitioners, community representatives and the wider public and will promote cultural and natural heritage conservation as a key vector of sustainable development and social cohesion.
Amid fears of terrorism, rising tides of xenophobia, and protests, John Keane explores the contradictory arguments and traces the historical origins, contemporary meanings and political potential of globalization. Defending the idea of a global civil society, Keane stresses the need for new democratic ways of living and demonstrates how it is linked with such developments as turbocapitalism, social movements and the political institutions of “cosmocracy.” Keane's provocative reflections in Global Civil Society? draw upon a variety of scholarly sources and offer a fresh perspective on contemporary political thinking and new global problems. John Keane was born in Australia and educated at the Universities of Adelaide, Toronto and Cambridge. He is Professor of Politics at the University of Westminster. In 1989, he founded the Centre for the Study of Democracy. His most recent work is a study of power, Vaclav Havel: A Political Tragedy in Six Acts (Basic Books, 1999). His other books include Civil Society: Old Images, New Visions (Stanford, 1998), Democracy and Civil Society (Verso Books, 1998), Reflections on Violence (Verso Books, 1996), the prizewinning Tom Paine: A Political Life (Little Brown, 1995), and The Media and Democracy (Blackwell, 1991). He has been awarded many fellowships and research grants and has lectured throughout the world; he often appears on radio and television and is a regular contributor to The Times Literary Supplement. Currently he is writing a full-scale history of democracy.
Can states adopt protectionist cultural policies? What are the limits, if any, to state intervention in cultural matters? A wide variety of cultural policies may interfere with foreign investments, and a tension therefore exists between the cultural policies of the host state and investment treaty provisions. In some cases, foreign investors have claimed that cultural policies have negatively affected their investments, thereby amounting to a breach of the relevant investment treaty. This study maps the relevant investor-state arbitrations concerning cultural elements and shows that arbitrators have increasingly taken cultural concerns into consideration in deciding cases brought before them, eventually contributing to the coalescence of general principles of law demanding the protection of cultural heritage.
There exists a range of situations where non-state actors and states can possibly share responsibility for their contribution to harmful outcomes, thereby raising a multitude of questions on the determination, content and implementation of responsibility in such a scenario. It may be tempting to adopt an approach whereby a shared responsibility regime involving non-state actors and states draws ex post on the regime put in place by the ILC Articles on Responsibility of States for Internationally Wrongful Acts, especially in connection to the rules of attribution of conduct and attribution of responsibility. Such a model of international responsibility, however, would only work to the extent that addressees are bound by primary norms of international law in the first place. This is certainly not a given in respect of non-state actors. Moreover, non-state actors may differ fundamentally from states, thereby making the transposition of traditional rules of state responsibility artificial and inadequate: their loosely organised, temporary, diverse, illegitimate, or even outright criminal character may militate against applying the classic responsibility paradigm to non-state-state interactions. In view of these limitations, a turn to an ex ante approach to questions of shared responsibility, through standard-setting, has been suggested, and may be cautiously supported in respect of the activities of a number of non-state actors. This, however, is not exclusive to the simultaneous application of ex post and ex ante approaches to shared responsibility.
This paper looks at the Judgment handed down by the International Court of Justice in November 2013 on the interpretation of its 1962 Judgment in the
Temple of Preah Vihear
case between Cambodia and Thailand. The primary objective of this paper is to disclose the imperfect account of states’ obligations provided for by the Court. In effect, the ICJ emphasized that Cambodia and Thailand must co-operate pursuant to the World Heritage Convention in the protection of the Temple as a world heritage site of outstanding universal value. Accordingly, the Court obscured the fact that the regime for the protection of cultural heritage in wartime was applicable in this case. This paper first examines the ICJ’s narrow approach and its implications. Next, it brings the focus back into a larger context by analyzing the impact of the ICJ’s jurisprudence on the development of international cultural heritage law.
Syria is famous for a historical heritage that spans from prehistoric times until the end of the Ottoman period. This is evidenced by thousands of sites and archaeological monuments scattered all over the country. They represent an open-air museum, containing the traces of some of the oldest civilizations in the world. Today, after more than two years of civil war, the country’s archaeological and cultural heritage is in danger and the situation of the museums, archaeological sites, and monuments such as the old citadels is very worrying. They are often close to combat zones and sometimes even become battlefields and targets.
In this regard, the article by Joris Kila is a masterful synthesis of the procedures one should follow for the protection of cultural property in the event of armed conflict. His method can also be applied in the case of Syria, since many of the examples given by the author can be applied to the case of this country’s heritage. To this scientific approach, we can add documentation of great quality for some of the points mentioned by Kila and other facets that are particular to the Syrian case and not covered in this article.
To begin with, it is worth mentioning that the Syrian government is a signatory to the following conventions:
• Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character with Protocol of Signature and model form of certificate provided for in Article IV of the above-mentioned agreement (1948; signed 1951);
• Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention = the 1954 Hague Convention and the First Protocol (1954; signed 1958);
• Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970; signed 1975);
• Convention Concerning the Protection of the World Cultural and Natural Heritage (1972; signed 1975);
• Agreement on the Importation of Educational, Scientific and Cultural Materials, with Annexes A to E and protocol annexed (1950; signed 1980);
• Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971; signed 1998);
• Convention for the Safeguarding of the Intangible Cultural Heritage (2003; signed 2005);
• International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961; signed 2006); and
• Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005; signed 2008).
There have been many instances of destruction. Cities, tells, citadels, places of worship, monuments, and natural heritage sites have suffered heavy damage that sometimes is irreversible. Most articles of the conventions and protocols mentioned above are thus not respected either by the Syrian regime or the opposition for various reasons that will be detailed below.
Prior to 2011, there were 138 national and foreign archaeological missions excavating on Syrian sites, while there are more than 10,000 tells in the country, and more than 5,000 of those archaeological mounds are scattered in the region of Jazirain in northeast Syria. Even before the conflict, the lack of necessary funding to hire guards to monitor remote archaeological sites in urban centers was an acute problem. Therefore, the Syrian government often hired a single guard for 50 sites, due to the lack of financial resources.
Archaeological sites in Syrian territory, in particular those not registered as archaeological sites on the lists of the Directorate General of Antiquities and Museums of Syria (DGAM), are subject to illegal excavations by looters often collaborating with the security agencies responsible for safeguarding these sites. Subsequently, these agencies have been involved in the trafficking of illicit antiquities to neighboring countries such as Lebanon, and from there to the Western antiquities markets.
In addition, the 38 museums1 located in the capital and other Syrian governorates are no better off than the archaeological sites because of deficiencies in surveillance, protection, archiving, and storage in adequate conditions of artifacts made of fragile (brittle) materials such as paper, leather, cloth, etc. For example, a YouTube video shows the current state of the Museum of Apamea, where it is clear that the main entrance of the museum is locked by means of a small key lock, as if...
Conservation of urban heritage contributes to the quality of life of people. Unfortunately, the urban heritage tends to be set aside from city development. The growing importance of locality in recent years invokes the public participation in planning and conservation processes. The paper aims to address the issue in urban conservation through the case of Bangkok old town. The site has been designated as a conservation area with the master plan and a specific advisory board for around three decades. Though a number of palaces and religious buildings have been protected, there is still a need for recognizing the local heritage and the enhancement of public participation. The issues regarding heritage identification, standard used in conservation practices and excessive tourism development in Bangkok old town would be resolved by revisiting the master plan and improving the cooperation among stakeholders. Moreover, urban heritage should be considered as a basis for urban planning and projects.
Purpose
– The purpose of this paper is to account for and to justify the UN's recent appeal to “all Member States, intergovernmental bodies, organizations of the United Nations system and relevant non‐governmental organizations […] to ensure a more visible and effective integration and mainstreaming of culture in development policies and strategies at all levels”.
Design/methodology/approach
– The paper delves into the history of ideas leading up to the UN's belated recognition of culture's influence (a full ten years into the implementation of the Millennium Development Goals (MDGs)). It shows how the post‐Second World War intuitions embraced in UNESCO's Constitution matured in the course of the nation‐building and decolonization processes that have given way to today's context of advanced globalization.
Findings
– Against that background, rising international awareness of the issues involved in the environment‐development nexus conspired with growing concern for the safeguarding of world heritage and cultural diversity, finally culminating in the establishment of specific international standards that call for sustainable, integrated approaches to development.
Originality/value
– Drawing from UNESCO's experience, the paper provides compelling evidence in support of the idea that culture, creative industries and cultural heritage contribute a great deal to development, in terms not only of quantitative economic growth (income, employment), but also of qualitative standards of equity and well‐being. In light of such criteria, examples are offered and plans are laid out for concerted action in view of attaining the Millennium Development Goals in 2015 and of building on from there.
The gravitational pull of environmental treaties is felt not only by states. Yet international lawyers almost exclusively focus on states to explain treaty compliance, measure treaty implementation, and assess treaty effectiveness. This essay draws attention to a phenomenon that falls outside traditional boundaries of treaty analysis: the efforts of private corporations that aim at complying with environmental treaties. Existing models of treaty implementation are inadequate to explain these direct interactions between corporations and treaties. The dominant grammar of treaty “compliance” equally fails to fit. Using a little-studied example - the UNESCO World Heritage Convention - this essay highlights the phenomenon of corporations’ aspiring to conform their behavior to environmental treaty requirements.
International law is no longer conceived of as regulating the rights and obligations of states alone, yet any suggestion that nonstate actors could or should play a role in the creation of international law remains highly controversial. States jealously guard their lawmaking powers as a key attribute of statehood, making them generally resistant to the idea of sharing such powers with any nonstate actors. States are particularly hostile to the possibility of granting nonstate armed groups a lawmaking role, given states’ perceptions of the illegitimacy of and threat posed by such actors. Nonetheless, we argue that it is time to reconsider whether it is possible and desirable for nonstate actors to play a role in the making of international law. In particular, we set out the case for granting nonstate armed groups a limited role in the creation of international humanitarian law.
Engaging Armed Groups in the Creation of International Humanitarian Law; citation_author=ROBERTS, Anthea; citation_author=SIVAKUMARAN, Sandesh; citation_publication_date=2012
- Nonstate By
- Actors
The Challenge of Non-State Actors; citation_author=RYNGAERT, Cedric; citation_author=NOORTMANN, Math
- International Security
- Law
Reflections on the 35th Session of the World Heritage Committee, UNESCO Paris, 2011; citation_author=MESKELL, Lynn; citation_publication_date=2012; citation_journal_title=Journal of Field Archaeology
- Rush
- Inscribe
The Local-to-Global Dynamics of World Heritage Interpretation”, in Bourdeau and Gravari-Barbas, ibid
- B Salazar Noel
World Heritage’s Biggest Threat and Benefactor: Tourism
- TOURTELLOT
See Jonathan B. TOURTELLOT, "World Heritage's Biggest Threat and Benefactor: Tourism" (2007)
World Heritage Review 54-60.
Non-State Actors and Cultural Heritage: Friends or Foes?
- CHECHI
Building Capacities to Protect, Promote and Transmit Heritage
UNESCO, "Building Capacities to Protect, Promote and Transmit Heritage" (October 2017), online:
UNESCO
< https://en.unesco.org/partnerships/partnering/building-capacities-protect-promote-and-
Protecting Heritage at Risk
UNESCO, "Protecting Heritage at Risk" (October 2017), online: UNESCO < https://en.unesco.org/
partnerships/partnering/protecting-heritage-risk>.
UNESCO Is Better at Naming Enemies than Finding Friends
- Salazar
Salazar, supra note 76 at 121-30; "Living Treasure. UNESCO Is Better at Naming Enemies than Finding
Friends" The Economist (14 July 2012).
The 'Blessed Heart' of Islam
- Page Simon
- Mecca
Simon PAGE, "Mecca: The 'Blessed Heart' of Islam" in Silvio FERRARI and Andrea BENZO, eds.,
Between Cultural Diversity and Common Heritage: Legal and Religious Perspectives on the Sacred
Places of the Mediterranean (Farnham: Ashgate, 2014), 319-29 at 324-6.
Ministry of Industrial Development (Sri Lanka, 884/99, 2000); and Parkerings-Compagniet AS v. Republic of Lithuania (ICSID Case No
- Tikiri Banda Nulankulama V
- Secretary
Tikiri Banda Nulankulama v. Secretary, Ministry of Industrial Development (Sri Lanka, 884/99,
2000); and Parkerings-Compagniet AS v. Republic of Lithuania (ICSID Case No. ARB/05/08, Award of
11 September 2007).
This requires an assessment of the potential risks to physical cultural assets at an early stage through a consultative process involving project-affected groups, government authorities, and NGOs
- See World Bank
See World Bank, "Operational Manual OP 4.11-Physical Cultural Resources" (April 2013), online:
World Bank < http://www.sifee.org/static/uploaded/Files/ressources/contenu-ecole/antananarivo/bm/
OP4.11_Physical_Cultural_resources.pdf >. This requires an assessment of the potential risks to physical
cultural assets at an early stage through a consultative process involving project-affected groups, government authorities, and NGOs. World Bank, "Culture and the Corporate Priorities of the World Bank,
Report on Progress from April 1999 to December 2002" (February 2003), online: World Bank < http://
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Evaluation of UNESCO's Standard-Setting Work of the Culture Sector. Part III-1972 Convention Concerning the Protection of the World Cultural and Natural Heritage
Evaluation of UNESCO's Standard-Setting Work of the Culture Sector. Part III-1972 Convention
Concerning the Protection of the World Cultural and Natural Heritage, Internal Oversight Service,
UNESCO Doc. IOS/EVS/PI/132 REV.3 (2014), at 43.
https://www.cambridge.org/core/terms. https://doi.org/10.1017/S2044251318000012
Why Development Needs Culture" (2011) 1 Journal of Cultural Heritage Management and Sustainable Development
- Bandarin Francesco
- Hosagrahar Jyoti
- Frances Sailer
Francesco BANDARIN, Jyoti HOSAGRAHAR, and Frances Sailer ALBERNAZ, "Why Development
Needs Culture" (2011) 1 Journal of Cultural Heritage Management and Sustainable Development 15-25;
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See Report of the World Commission on Environment and Development: Our Common Future in
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System Task Team on the Post-2015 Development Agenda (2012), online: United Nations Development
Programme < http://www.undp.org/content/dam/undp/library/Poverty%20Reduction/Realizing%20the%
20future%20we%20want.pdf>.