Smart City Landscape Protection—EU Law Perspective

The final chapter of this book advances four main conclusions on the role of international law in landscape protection. These relate to state obligations regarding landscape protection, the influence of the World Heritage Convention and the European Landscape Convention, the substantive and procedural nature of landscape rights, and the role of EU law. It is argued that, although state practice is lagging behind the normative developments made in the field of international landscape protection, landscape has contributed positively to the corpus of international cultural heritage law and indeed has emerged as a nascent field of international law in its own right.

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Landscape Protection and EU Law

10.1093/oso/9780198826248.003.0007 ◽

2018 ◽

Author(s):

Amy Strecker

Keyword(s):

Cultural Heritage ◽

Public Participation ◽

Environmental Law ◽

Access To Justice ◽

Eu Law ◽

Landscape Governance ◽

The Impact ◽

Critical Overview ◽

Landscape Protection

Chapter 7 provides a critical overview of landscape protection in EU law. It begins by briefly outlining the impact of EU agricultural policy on European landscapes. It then moves on to ascertain the extent to which the cultural heritage dimension to landscape protection is considered within EU policy, before analysing EU environmental law, particularly environmental impact assessment directives, which include consideration of cultural heritage and the landscape. While the ELC provides for public participation, EU law requires member states to legislate not only for public participation but also for access to justice and broader standing requirements in environmental matters. The implications of this for landscape protection are explored, and some concluding observations are drawn on the role of the EU in landscape governance more broadly.

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