Part II Substantive Aspects, Ch.12 Landscape as Cultural Heritage

Author(s):  
Strecker Amy

This chapter examines the protection of landscape in international cultural heritage law. Since the inclusion of ‘cultural landscapes’ within the scope of the UNESCO World Heritage Convention in 1992, landscape has gained increasing importance at the international level. However, given the focus of the World Heritage Convention on landscapes of ‘outstanding universal value’, it was not until the adoption of the European Landscape Convention (ELC) in 2000 that landscape became democratized. The ELC conceives of landscape above all as a people’s landscape and, accordingly, provides for the active participation of the public in the formulation of plans and polices. It focuses not only on outstanding places but also on the everyday and degraded landscapes where most people live and work. This ostensibly brings ‘landscape’ back to its early etymological origins—when it corresponded to a close-up, lived-in perspective—and has a number of implications for human rights and democracy.

Author(s):  
Amy Strecker

Chapter 5 analyses the evolving conception and protection of landscape in the World Heritage Convention. First, it traces the development of landscape protection from its early conceptual dependency on nature, to the incorporation of ‘cultural landscapes’ within the Convention’s scope in 1992. It then discusses the typology of cultural landscapes, issues of representativeness and the implications of the Word Heritage system for landscape protection globally, as well as locally. In this regard, a number of cases are analysed which, on the one hand, support the World Heritage Convention’s instrumental role in landscape governance, but which on the other, highlight the problems involved in ascribing World Heritage status to living landscapes from a spatial justice perspective.


Author(s):  
Ottavio Quirico

The international protection of tangible cultural heritage overlaps with that of the environment, ranging from the conservation of biodiversity to the prevention of desertification. Against this background, the phenomenon of climate change raises questions that challenge the fundamentals of the World Heritage Convention, which protects cultural heritage and interlinked natural heritage. Global warming critically affects cultural sites of outstanding universal value, such as the city of Venice, and depletes mixed cultural and natural sites inscribed on the World Heritage List, such as Tassili n’Ajjer. Arguably, the World Heritage Convention is lex specialis with respect to international environmental regulation as concerns localized adaptation and mitigation measures protecting sites of outstanding universal value. By contrast, environmental regulation, notably the UNFCCC regime as reviewed in Paris in December 2015, is lex specialis as concerns general mitigation and adaptation, systemically integrating the protection of tangible cultural heritage. This argument also applies to intangible cultural heritage, including a human rights perspective. In fact, the fundamental right to culture has been invoked in international jurisdictions to protect intangible heritage, but still remains lex generalis with respect to the UNFCCC regime. As in a set of nested boxes, such an interactive pattern outlines a basic paradigm to shape the broader intersection between the regulatory regimes protecting tangible cultural heritage and the environment in international law.


Heritage ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 189-206 ◽  
Author(s):  
Roha Khalaf

Guidance on reconstruction is being prepared to implement recent decisions of the World Heritage (WH) Committee. Special attention is given to reconstruction post-inscription within the framework of the Outstanding Universal Value (OUV) of destroyed cultural WH properties. However, guidance must also cover reconstruction pre-inscription because destroyed properties on the Tentative Lists of States Parties may be reconstructed and nominated for inscription on the WH List in the future. This article shifts the attention towards the latter. It revisits the pillars of OUV and elucidates the relation between key concepts to develop a roadmap for new nominations in line with the WH Convention and the growing understanding of heritage as dynamic process in scholarly literature. It explains that States Parties must provide a statement of cultural significance (SCS) to meet the qualifying condition of continuity, and a heritage impact report (HIR) to meet the qualifying conditions of compatibility and distinction. Cultural criteria (i)–(vi) form a reminder list rather than a selection list in the roadmap. The SCS and HIR are, instead, the criteria on the basis of which reconstructed cultural properties may be inscribed. Moreover, authenticity and integrity are rendered redundant by the three qualifying conditions. As a result, this article makes a timely, original, academic and operational contribution to the ongoing preparation of guidance at the international level.


2004 ◽  
Vol 53 (1) ◽  
pp. 189-209 ◽  
Author(s):  
Roger O'Keefe

The preamble to the Convention concerning the Protection of the World Cultural and Natural Heritage 1972 (the ‘World Heritage Convention’),1adopted 30 years ago, testifies to the conviction of the States Parties ‘that deterioration or disappearance of any item of the cultural…heritage constitutes a harmful impoverishment of the heritage of all the nations of the world’.2It speaks of the recognized ‘importance, for all the peoples of the world, of safeguarding this unique and irreplaceable property, to whatever people it may belong’3and declares ‘that parts of the cultural…heritage…of outstanding interest…need to be preserved as part of the world heritage of mankind as a whole’.4


2018 ◽  
Vol 33 (1) ◽  
pp. 116-165 ◽  
Author(s):  
Josh B. Martin

Abstract Despite growing recognition of the global value of underwater cultural heritage (uch), along with intensified international efforts to ensure its protection, the possibility of its inscription on the World Heritage List has never been comprehensively examined. Arguing that the unesco 2001 Convention on the Protection of Underwater Cultural Heritage (uch Convention) is insufficient alone to protect globally outstanding wrecks, such as the Titanic and the Lusitania, this article examines in detail the many legal and practical challenges involved with listing such sites under the World Heritage Convention. By reviewing key international agreements such as the uch Convention, World Heritage Convention, Law of the Sea Convention and the International Titanic Agreement, it draws the conclusion that it is the improved offshore management of uch—through ‘cultural’ marine protected areas operating under the framework of the uch Convention—which would open the possibility of nomination to the World Heritage List.


2020 ◽  
pp. 1-13
Author(s):  
Diane Archibald

In support of advancing the recognition and inclusion of Indigenous Cultural Heritage in all its diverse forms within the UNESCO World Heritage Convention and World Heritage Site designations, this paper documents and discusses the presentations, Indigenous-led Forum, and recommendations  and outcomes of the International Conference on Indigenous Cultural Heritage organized by the ICOMOS International Scientific Committee on Theory and Philosophy of Restoration and Conservation in partnership with the First Nations House of Learning, University of British Columbia, Vancouver, Canada, in November 2019.


2018 ◽  
Vol 6 (2) ◽  
pp. 63-77

Since 1972, UNESCO has established a frame of protection for cultural and natural heritage (Convention concerning the protection of the World Cultural and Natural Heritage) and the “World Heritage List”, which it considers as having an outstanding universal value. In 1994, at the Nara Conference, the Document of Authenticity was adopted, stating that ”the protection and enhancement of cultural and heritage diversity in our world should be actively promoted as an essential aspect of human development”. Since 1997, States Parties have to provide regular reports on the implementation of the World Heritage Convention and the conservation status of each site listed on the World Heritage List. So far, two periodic reports have been made (2000-2006 and 2008-2015), and the third was recently launched (2017-2022).


2017 ◽  
pp. 21-30
Author(s):  
Andrzej Michałowski

The central organisation around which Polish cooperation with UNESCO on implementing the World Heritage Convention has been concentrated from the beginning is the Polish National Committee ICOMOS.The cooperation has been organised by institutions and people connected in some way with the Committee. Specialised institutions were gradually joining the cooperation. One example of such measures was the appointment of the Board of Historical Gardens and Palaces Conservation, transformed subsequently into the Centre for the Protection of Historic Landscape in Warsaw. A „garden” conservation society has gathered around this institution, composed of art historians, landscape architects, architects and gardeners. They have been carrying out interdisciplinary works concerning historic gardens and cultural landscapes in Poland. Their cooperation with the Polish National Committee ICOMOS andthe International Committee of Historic Gardens and Sites ICOMOS – IFLA was connected with the activities of UNESCO. Major activities of the Centre include: valuation and assessment of cultural landscapes for the World Heritage List; drawing up, in collaboration with the Fürst-Pückler-Park Bad Muskau Foundation, an application for the inscription of Park Muskau in the UNESCO World Heritage List; organisation of international conference: „The Regional Expert Meeting on Cultural Landscapes in Eastern Europe” in Białystok in 1999 at the request of WHC UNESCO; organisation of international conference „Cemetery Art” in 1993 at the request of WHC UNESCO, along with accompanying exhibitions concerning specific issues, organised by the Board of Historical Gardens and Palaces Conservation in Warsaw.


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