ABSTRACT

The importance of cultural heritage - in both its tangible and intangible forms - to sustainable development and its economic, social and environmental components is increasingly evident in the recent practice of intergovernmental and non-governmental organizations at the universal and regional level.

Due consideration for the integration of the cultural dimension in the implementation of Agenda 2030 has begun to grow in various international fora, including initiatives to emphasize the role and contribution of tangible and intangible heritage as drivers and enablers of sustainable development. It has also been recognized that the inherent links between cultural heritage and sustainable development cannot be correctly addressed without taking into account their various implications for the effective enjoyment of all human rights, including cultural rights.

This book offers a thorough academic investigation on the importance of cultural heritage to sustainable development and cultural rights from an international law perspective. Providing an in-depth review of the possible intersections between cultural heritage, sustainable development and cultural rights and the limits of the current legal and institutional framework, it will be of interest to researchers and scholars of international law, cultural heritage law, environmental law and human rights law.

part I|12 pages

Introduction

chapter 1|10 pages

Cultural Heritage, Sustainable Development and Human Rights

The Need for an Integrated Approach

part II|115 pages

General Issues in a Fragmented Legal Framework

chapter 4|16 pages

‘No One May Invoke’

The Protection of Cultural Heritage and Cultural Diversity for Human Rights and Sustainable Development, Between Synergies to Build and Conflicts to Prevent

chapter 7|20 pages

EU Law, Sustainable Development and Culture

A Controversial Encounter?

part III|82 pages

Tangible Cultural Heritage, Sustainable Development and Human Rights

chapter 8|24 pages

The 2030 Agenda for Sustainable Development

Its Impact on the Implementation of the 1972 World Heritage Convention*

chapter 10|18 pages

Restitution of Cultural Property and Decolonization of Museums

Issues of Consistency Between Fulfilment of Legal Obligations, Ethical Principles and Identity Links

chapter 11|18 pages

“Contested” Cultural Heritage

Towards the Emergence of an International Duty of Transmission to Future Generations?

part IV|110 pages

Intangible Cultural Heritage, Sustainable Development and Human Rights

chapter 13|22 pages

Participation of Indigenous Peoples in the Safeguarding of Intangible Cultural Heritage

A Principle at the Crossroads of Human Rights and Sustainable Development

chapter 16|21 pages

Some Remarks on Child and Forced Marriages and Traditional Practices Harmful to Women's Health

Their Possible Implications for Sustainable Development

part V|99 pages

Cultural Heritage, Sustainable Development and Human Rights

chapter 17|16 pages

Cultural Rights, Environmental Rights and Climate Rights

Insights from International and EU Law

chapter 18|21 pages

A Cultural Rights-Based Approach to Climate Change?

Limits and Implications of Cultural Claims in Climate Cases Before International Human Rights Monitoring Bodies

chapter 19|22 pages

Gravity and Grace

Sustainable Development, Foreign Investments and Cultural Heritage in International Investment Law

chapter 21|20 pages

Cultural Traditional Practices Versus Protection of Wildlife

Possible Solutions in the Light of the Principle of Sustainability

part VI|15 pages

Conclusions