Abstract
Since the 1968 s.-c. Bruntland Report, sustainable development has become increasingly important in the international agenda. After the controversial success of the Millennium Development Goals, their heirs—the 17 UN Sustainable Development Goals—are beginning to show their potential. In such a scenario, the discourse over sustainability and sustainable development is attracting attention from the international community, as well as from states and stakeholders around the globe.
Renewed global attention to nature (as a key element that needs to be protected per se) together with the worldwide emerging field of cultural heritage law as an autonomous field of law has helped shed light on the interdependence of humans and their environment, as well as on the links between cultural heritage and the natural environment. In such a framework, cultural heritage has gradually infiltrated the sustainable development discourse.
The present work aims at analyzing the diverse facets of the relationship between culture and nature to draw attention to the links between cultural heritage and sustainable development.
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Notes
- 1.
I wander thro’ each charter’d street,//Near where the charter’d Thames does flow,//And mark in every face I meet,//Marks of weakness, marks of woe.//In every cry of every Man,//In every Infant’s cry of fear,//In every voice: in every ban,//The mind-forg’d manacles I hear.//How the Chimney-sweeper’s cry//Every black’ning Church appalls,//And the hapless Soldier’s sigh//Runs in blood down Palace walls. //But most, thro’ midnight streets I hear//How the youthful Harlot’s curse//Blasts the new born Infant’s tear,//And blights with plagues the Marriage hearse.
- 2.
Is then no nook of English ground secure//From rash assault? Schemes of retirement sown//In youth, and ‘mid the busy world kept pure//As when their earliest flowers of hope were blown,//Must perish; how can they this blight endure?//And must he too the ruthless change bemoan//Who scorns a false utilitarian lure//'Mid his paternal fields at random thrown?//Baffle the threat, bright Scene, from Orresthead//Given to the pausing traveler’s rapturous glance://Plead for thy peace, thou beautiful romance //Of nature; and, if human hearts be dead,//Speak, passing winds; ye torrents, with your strong//And constant voice, protest against the wrong.
- 3.
For the purposes of this Convention, the following shall be considered as ‘cultural heritage’: monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of Outstanding Universal Value from the point of view of history, art or science; - groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of Outstanding Universal Value from the point of view of history, art or science; - sites: works of man or the combined works of nature and of man, and areas including archaeological sites which are of Outstanding Universal Value from the historical, aesthetic, ethnological or anthropological points of view.
- 4.
For the purposes of this Convention, the following shall be considered as ‘natural heritage’: natural features consisting of physical and biological formations or groups of such formations, which are of Outstanding Universal Value from the aesthetic or scientific point of view; - geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of Outstanding Universal Value from the point of view of science or conservation; - natural sites or precisely delineated natural areas of Outstanding Universal Value from the point of view of science, conservation or natural beauty.
- 5.
[…] Being aware that cultural diversity creates a rich and varied world, which increases the range of choices and nurtures human capacities and values, and therefore is a mainspring for sustainable development for communities, peoples and nations,
[…]
Recognizing the importance of traditional knowledge as a source of intangible and material wealth, and in particular the knowledge systems of indigenous peoples, and its positive contribution to sustainable development, as well as the need for its adequate protection and promotion, […].
- 6.
See Human Rights Committee, Bernard Ominayak, Chief of the Lubicon Lake Band v Canada, Comm. N. 167/1984, views adopted 26 March 1990; lmari Länsman et al v Finland, Comm No 511/1992, views adopted 26 October 1994; Jouni E Länsman et al v Finland, Comm No 671/1995, views adopted 30 October 1996; Ángela Poma Poma v Peru, Comm No 1457/2006, views adopted on 27 March 2009.
References
Åhrén M (2016) Indigenous peoples’ status in the international legal system. Oxford University Press, New York
Argyrou A, Hummels H (2019) Legal personality and economic livelihood of the Whanganui River: a call for community entrepreneurship. Water Int 44(6–7):752–768
Blake J (2015) International cultural heritage law. Oxford University Press, New York
Borrows J (2005) Indigenous legal traditions in Canada. Wash Univ J Law Policy 19:167–223
Budziszewska A (2018) The right to culture in international law. Diritti umani e diritto internazionale Rivista quadrimestrale 2:315–332
de Moerloose S (2021) Sustainability. In: De Feyter K, Türkelli GE, de Moerloose S (eds) Encyclopedia of law and development. Elgar, Cheltenham, pp 279–282
Dos Santos-Duisenberg E (2012) Comment to article 14 – cooperation for development. In: Stoll P-T (ed) The UNESCO convention on the protection and promotion of the diversity of cultural expressions - explanatory notes. Springer, Heidelberg, pp 372–391
Du Pisani JA (2006) Sustainable development – historical roots of the concept. Environ Sci 3(2):83–96
Ferrazzi S (2021) The notion of “cultural heritage” in the international field: behind origin and evolution of a concept. Int J Semiot Law 34:743–768
Hosagrahar, Jyoti/Soule, Jeffrey/Girard, Luigi Fusco/Potts, Andrew (2016) Cultural heritage, the un sustainable development goals, and the new urban agenda. Bollettino del Centro Calza Bini 16(1): 37–54
Kenny M (1994) Ecologism. In: Eccleshall R (ed) Political ideologies: an introduction, 2nd edn. Routledge, London, pp 218–251
Kono T (2012) Article 2 – guiding principles. In: von Schorlemer S, Stoll P-T (eds) The UNESCO convention on the protection and promotion of the diversity of cultural expressions - explanatory notes. Springer, Heidelberg, pp 84–114
Lenzerini F (2011) Intangible cultural heritage: the living culture of peoples. Eur J Int Law 22(1):101–120
Lixinski L (2014) Sustainable development in international heritage law: embracing backwards look for the sake of forwardness? Aust Yearb Int Law 32:65–86
Magni G (2016) Indigenous knowledge and implications for the sustainable development agenda, ED/GEMR/MRT/2016/P1/20
Martinet L (2021) L’irruption de la notion de communauté en droit international de la culture. In Situ 44. https://journals.openedition.org/insitu/30738. Accessed 30 Nov 2022
McGregor D (2004) Coming full circle: indigenous knowledge, environment, and our future. Am Indian Q 28(3/4) Special Issue, The Recovery of Indigenous Knowledge:385–410
Nocca F (2017) The role of cultural heritage in sustainable development: multidimensional indicators as decision-making tool. Sustainability 9(10):1882. https://www.mdpi.com/2071-1050/9/10/1882. Accessed 30 Nov 2022
Ocampo JA (2022) International development in a historical context. In: Deciancio M, Nemiña P, Tussie D (eds) Handbook on the politics of international development. Elgar, Cheltenham, pp 15–30
Rajamani L (2020) Innovation and experimentation in the international climate change regime, 404 Recueil des cours
Romainville C (2015) Defining the right to participate in cultural life as a human right. Netherlands Q Human Rights 33(4):405–436
Scheinin M (2000) The right to self-determination under the covenant on civil and political rights. In: Aikio P, Scheinin M (eds) Operationalizing the right of indigenous peoples to self-determination. Åbo Akademi University, Turku, pp 179–202
Schrijver N (2007) The evolution of sustainable development in international law: inception, meaning and status. 329 Recueil des Cours
Stone CD (1972) Should trees have standing?–towards legal rights for natural objects. South Calif Law Rev 45:450–501
Throsby D (2012) Comment to article 13 – integration of culture in sustainable development. In: Stoll P-T (ed) The UNESCO convention on the protection and promotion of the diversity of cultural expressions - explanatory notes. Springer, Heidelberg, pp 361–370
Whitby-Last K (2008) Article 1– Cultural Landscape. In: Francioni F (ed) The 1972 world heritage convention. A commentary. Oxford University Press, Oxford, pp 51–62
International Legal Instruments (Chronological Order)
Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 14 May 1954, 219 UNTS 215
Council of Europe Framework Convention on the Value of Cultural Heritage for Society, Faro, 27 October 2005, Council of Europe Treaty Series – No. 199
Financial Regulations of the IFCD, CE/07/1. CP/CONF/209/7 Annex
Indigenous and Tribal Peoples Convention, ILO, 1989, No. 169
International Covenant on Economic, Social and Cultural Rights (ICESCR), New York, 16 December 1966, 993 UNTS 3
Operational Directives for the Implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage, 1 June 2016, 6. GA
Operational Guidelines for the Implementation of the World Heritage Convention, January 2008, WHC. 08/01
Operational Guidelines for the Implementation of the World Heritage Convention, July 2013, WHC. 13/01
Operational Guidelines for the Implementation of the World Heritage Convention, 10 July 2019, WHC.19/01
Permanent Forum on Indigenous Issues, XVIII session, Economic and Social Council, HR/4988, 27 May 2009. https://www.un.org/press/en/2009/hr4988.doc.htm. Accessed 30 Nov 2022
UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III)
UN Resolution A/RES/38/161, 19 December 1983
UN Sytem Task Team on the post-UN 2015 Development Agenda, Report to the UN Secretary General “Realizing the Future we want for all”. 2012. https://www.un.org/millenniumgoals/pdf/Post_2015_UNTTreport.pdf. Accessed 30 Nov 2022s
UNESCO, Preliminary Report and Preliminary Draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions, Doc. CLT/CPD/2004/CONF-201/2, July 2004
UNESCO, Preliminary Report of the Director-General Containing Two Preliminary Drafts of a Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions, Doc. CLT/CPD/2005/CONF.203/6, 3 March 2005
UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage, Paris 16 November 1972, 1037 UNTS 151
UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, Paris, 17 October 2003, 2368 UNTS 3
UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, Paris, 14 November 1970, 823 UNTS 231
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Paris, 20 October 2005, 2440 UNTS 311
UNESCO Convention on the Protection of the Underwater Cultural Heritage, Paris, 2 November 2001, 2562 UNTS 3
United Nations Declaration on the Rights of Indigenous Peoples, 13 September 2007, A/RES/61/295
United Nations Report of the World Commission on Environment and Development. Our Common Future. 1987. A/42/427
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Ferrazzi, S. (2024). Cultural Heritage Law and Natural Cultural Paradigms Within the Sustainable Development Discourse. In: Mastandrea Bonaviri, G., Sadowski, M.M. (eds) Heritage in War and Peace. Law and Visual Jurisprudence, vol 12. Springer, Cham. https://doi.org/10.1007/978-3-031-47347-0_6
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