ABSTRACT
Though the law can offer powerful remedies, the ability of individuals and groups to seek out and invoke this power is limited by a concept called standing, which requires a party to demonstrate a connection to the contested action or harm. In the context of cultural heritage law, the requirement of standing can limit the ability of interested parties to obtain judicial relief where cultural heritage is involved. This chapter will first describe the doctrine of standing; second, it will uncover the operation of standing to select which parties are able to bring cultural heritage law claims; and finally it will examine how allied fields such as environmental and social movements have navigated the standing issue. It will also examine how well international cultural heritage law has acknowledged the barriers standing may throw in the way of cultural heritage advocates. In particular, the use of non-governmental organizations in the cultural heritage law universe will be examined. One potential workaround may be the concept of Riverkeepers in environmental protection, where a non-profit may use a citizen-led approach to patrol and advocate on behalf of rivers and waterways. The first Riverkeeper was designated in 1986 to protect the Hudson River in New York but has expanded to over 46 countries by 2019. Though standing as a legal concept has not been discussed in cultural heritage scholarship, it operates in important ways, and acknowledging its limiting nature may help to encourage responsible action by cultural heritage advocates.
