1st Edition
Cultural Heritage, Sustainable Development and Human Rights Towards an Integrated Approach
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
INTRODUCTION
Cultural Heritage, Sustainable Development and Human Rights:
The Need for an Integrated Approach
Laura Pineschi
PART II
GENERAL ISSUES IN A FRAGMENTED LEGAL FRAMEWORK
The Principle of Sustainable Development and International Cultural Heritage Law
Ana Filipa Vrdoljak
The Spirit and the Substance. The Human Dimension of Cultural Heritage from the Perspective of Sustainability
Federico Lenzerini
‘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
Federica Mucci
Cultural Properties in Outer Space
Tullio Scovazzi
The Urban-Rural Divide and the Contribution of Cultural Heritage to Sustainable Development
Francesco Francioni
EU Law, Sustainable Development and Culture: A Controversial Encounter?
Marco Inglese
PART III
TANGIBILE CULTURAL HERITAGE,
SUSTAINABLE DEVELOPMENT AND HUMAN RIGHTS
The 2030 Agenda for Sustainable Development: Its Impact on the Implementation of the 1972 World Heritage Convention
Sabine von Schörlemer
The Impact of the 1972 World Heritage Convention, and of Its Related Monitoring Mechanisms, on the Sustainable Management of Sites: The Venice Case
Marco Gestri
Restitution of Cultural Property and Decolonization of Museums: Issues of Consistency between Fulfilment of Legal Obligations, Ethical Principles, and Identity Links
Manlio Frigo
‘Contested’ Cultural Heritage: Towards the Emergence of an International Duty of Transmission to Future Generations?
Costanza Rizzetto
PART IV
INTANGIBILE CULTURAL HERITAGE,
SUSTAINABLE DEVELOPMENT AND HUMAN RIGHTS
Sustainable Development and Intangible Cultural Heritage
Tullio Scovazzi
Participation of Indigenous Peoples in the Safeguarding of Intangible Cultural Heritage Policies:
A Principle at the Crossroads of Human Rights and Sustainable Development
Véronique Guèvremont
Traditional Governance Institutions and the Holistic Protection of Traditional Knowledge
Francis Kariuki
Strengthening the Protection of Intangible Cultural Heritage in Development Projects:
The Role of Multilateral Development Banks
Berenika Drazewska and Kristin Hausler
Some Remarks on Child and Forced Marriages, Traditional Practices Harmful to Women’s Health and Their Possible Implications for Sustainable Development
Francesca Trombetta Panigadi
PART V
CULTURAL HERITAGE, SUSTAINABLE DEVELOPMENT AND HUMAN RIGHTS:
FOCUS ON CLIMATE CHANGE AND NATURAL RESOURCES
Cultural, Environmental and Climate Rights: Insights from International and EU Law
Ottavio Quirico
A Cultural Rights-Based Approach to Climate Change? Limits and Implications of Cultural Claims in Climate Cases before International Human Rights Monitoring Bodies
Elena Carpanelli
Gravity and Grace: Sustainable Development, Foreign Investments and Cultural Heritage in International Investment Law
Valentina Vadi
The Legal Protection of Biocultural Diversity between Cultural Rights and Sustainable Development. A Comparative Perspective
Pier Luigi Petrillo
Cultural Traditional Practices v. Protection of Wildlife: Possible Solutions
in the Light of the Principle of Sustainability
Maria Clara Maffei
PART VI
CONCLUSIONS
An Integrated Approach to Cultural Heritage, Sustainable Development and Human Rights:
Mission Impossible?
Laura Pineschi
Biography
Laura Pineschi is Full Professor of International Law at the University of Parma (Italy). She is the author of two monographs and the editor of various volumes, published in Italy and abroad. Results of her research activity in the fields of international environmental law, UN peacekeeping operations, human rights law, cultural heritage protection and cultural rights have also been published in Italian and international academic journals or as book chapters. She has been Director of the Directed Studies of The Hague Academy of International Law in 2015 and Member of the Directive Council of the Italian Society of International Law from 2009 to 2016. At the University of Parma, she served as Dean of the Faculty of Law from 2009 to 2012 and as Director of the Center for Studies in European and International Affairs (CSEIA) from 2016 to 2023.
