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The aim of this chapter is to explore issues around UNESCO World Heritage sites, especially relating to biodiversity in the MENA region. It discusses challenges to the effective conservation and protection of heritage sites and the need for a holistic approach to conservation. Sections address the following: the fifty-year institutional development of UNESCO World Heritage, leading to the current situation of urgent action needed on climate change and the Sustainable Development Agenda 2015–30; World Heritage in the MENA region, especially biodiversity issues; and related legal, policy, and regulatory issues of biodiversity protection, including prospects for reviving intangible knowledge, and their relation to the Sustainable Development Goals 11, 13, and 15. Conclusions and recommendations address prospects for biodiversity and World Heritage protection in the region.
This article examines how Indigenous Peoples who depend on World Heritage sites for their culture and livelihood can appeal to the Committee when State Parties fail to comply with their obligations. While scholars criticize the World Heritage Convention for the lack of participation of Indigenous Peoples, particularly in the inscription and management processes, the framework of the Convention also allows representation and visibility. Indeed, compliance mechanisms offer opportunities for Indigenous advocates to negotiate Land sovereignty and environmental protection. TWAIL, which places the worldview of Indigenous Peoples at the center of legal practice, is crucial to understanding the interactions between Indigenous Peoples and the 1972 UNESCO Convention. TWAILers highlight how international law historically denies sovereignty rights to Indigenous Peoples. Article 6(1) echoes this absence of sovereignty. This article examines three cases in which Indigenous advocates petition to protect Native Lands against environmental degradations and colonization: Kakadu, Wood Buffalo, and Uluru. Ultimately, the challenges of Indigenous activists in their quest to preserve nature and culture reveal that the absence of sovereignty prerogatives remains a substantial issue. While the Convention provides a venue for advocacy and international awareness, Indigenous Peoples still must negotiate Land autonomy and cultural sovereignty with the State.
Global Citizenship Education (GCE) plays a central role within UNESCO's education sector, focusing on cultivating the values and knowledge essential for students to evolve into well-informed and responsible global citizens. This Element conceptualises an ethical GCE framework grounded in critical, cosmopolitan, humanistic, value-creating, and transformative principles. Guided by those principles, ethical GCE goes beyond the banking model of education by emphasising a global ethic. Ethical GCE is inclusive, ethically reflective, and socially responsible. It extends beyond imparting knowledge and employable skills, important as they are, focusing on holistic and sustainable development. With further theoretical development and implementation strategies, the ethical GCE framework holds promise for future research and evaluation of the intricate teaching and learning processes within global citizenship, particularly from a values-based perspective.
In Latin America, the notions of academic freedom or the freedom of science have not had the overarching influence in defining the prerogatives of scholars and the university that we see them exerting over the experiences of Western Europe and the Anglosphere. The governing notion, from whence all other freedoms emerge, is that of university autonomy. In Latin America, university autonomy evolved over the twentieth century as a protection of the university against the encroachment of governments – often authoritarian or outright dictatorial – so they could carry out their missions as they defined them. In Latin America, the locus of what in Europe is understood as scientific freedom is vested in the universities, not in the professoriate. It is assumed that free universities will foster an environment of academic freedom within. The contemporary contestations of university autonomy in Latin America fit squarely into the liberal script, as they seek to make universities more responsive to policy goals in the areas of higher education quality and accountability, efficiency and productivity, expansion of public or private provision, access and equity. Often, universities and their associations have raised autonomy as an objection to these policy agendas.
This paper discusses some of the major ethical issues that arise in connection with the widespread holding of cultural heritage by private collectors. If, as many people believe, and UNESCO has affirmed, cultural heritage is, in some morally significant sense, everyone’s heritage, then the private acquisition of cultural heritage, although widely permitted in law, raises some significant ethical questions. I discuss the nature of the tension between public heritage and private ownership of heritage items and the possibility that more might be done by law to regulate the activities of private collectors before arguing the merits of a shift in the mindset of collectors from thinking of themselves as the unfettered owners of the heritage they acquire towards conceiving themselves primarily as stewards who protect and preserve that heritage on behalf of the wider community. There follows a detailed examination of practical ways in which collectors can discharge their stewardship role to the best effect, emphasizing, in particular, the fresh opportunities for doing so afforded to collectors by the new digital environment.
There is increasing recognition that Indigenous knowledges have considerable potential to enhance collective understandings of and improve responses to complex ecological threats, such as those to cultural heritage from climate change. At the same time, it appears that Indigenous peoples face structural barriers to participation in international organisations that advance knowledge about those problems. Using the conceptual framework of boundary organisations (BOs) theory and case studies of the Intergovernmental Panel on Climate Change (IPCC) and UNESCO, I argue that the lack of meaningful Indigenous engagement in international knowledge institutions is not just an ethical problem; it also undermines the effectiveness of their assessments. The future success of their boundary work partly depends on further engagement with Indigenous stakeholders. At least at the heritage–climate change nexus, the salience, legitimacy, and credibility of IPCC and UNESCO assessments require substantive Indigenous representation alongside other state/non-state parties. Successful experiences in biodiversity governance indicate that incorporating the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) would enhance Indigenous engagement in UNESCO and the IPCC.
Cultural property has always been a target in armed conflicts. Even with the development of a regime for the protection of cultural property in armed conflict, such destructions continue to be a reality in contemporary armed conflicts. The effectiveness of this regime comes thus into question. This chapter aims to analyse a case study on the application of this regime: the Preah Vihear Temple case. During a fifty-five-year border dispute between Cambodia and Thailand in the area where the Temple is situated, several international forums have been seized with the protection of the Temple, including: the International Court of Justice (ICJ), United Nations Security Council (UNSC), UNESCO and a Joint Border Commission established by Cambodia and Thailand. This chapter will assess the contribution of all of these processes and agencies to the protection of cultural property in armed conflict regarding this study.
Post-First World War intellectual relief failed; violence against intellectuals and sites of learning proved to be a reality of modern warfare, as demonstrated by attacks on universities in the Spanish Civil War and the Sino-Japanese War, and the flight of intellectuals both within and from Europe after 1933. The symbolically rebuilt library at Louvain was destroyed again in 1940 during the Second World War. Meanwhile, the rise of totalitarianism showed that intellectuals were not bulwarks of democracy as post-war rhetoric had implied. The epilogue shows how post-First World War intellectual relief influenced the rescue of intellectuals fleeing Nazi persecution as well as the way in intellectual life was rebuilt following the Second World War, notably through the establishment of UNESCO. The reconstruction of intellectual life after the Great War continues to resonate in the twenty-first century.
In his path-breaking 1954 monograph, Nations nègres et culture, the Senegalese historian Cheikh Anta Diop denounced Western histories for providing false justification for European imperialism and perpetuating notions of the inferiority of Black peoples. Diop called instead for histories that revalorized the African past and demonstrated Black contributions to world history. By contextualizing Diop’s historiographical interventions in terms of his anticolonial politics and the work of other anticolonial and anti-racist thinkers, this chapter shows how, in the decades immediately following the Second World War, the terrain of history was a key battleground of anti-racist and anticolonial activism. The multiple sites in which anticolonial and anti-racist histories were developed – from museums like the Musée de l’Homme through journals such as Présence Africaine, and organizational initiatives funded by the United Nations Educational, Scientific, and Cultural Organization (UNESCO) initiatives – are central to this story.
The Holy Places of Jerusalem's Old City are among the most contested sites in the world and the 'ground zero' of the Israeli-Palestinian conflict. Tensions regarding control are rooted in misperceptions over the status of the sites, the role of external bodies such as religious organizations and civil society, and misunderstanding regarding the political roles of the many actors associated with the sites. In this volume, Marshall J. Breger and Leonard M. Hammer clarify a complex and fraught situation by providing insight into the laws and rules pertaining to Jerusalem's holy sites. Providing a compendium of important legal sources and broad-form policy analysis, they show how laws pertaining to Holy Places have been implemented and engaged. The book weaves aspects of history, politics, and religion that have played a role in creation and identification of the 'law.' It also offers solutions for solving some of the central challenges related to the creation, control, and use of Holy Places in Jerusalem.
The year 2022 marks 15 years since the entry into force of the United Nations Educational, Scientific and Cultural Organization’s 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Among its objectives, this treaty aims at acknowledging the specific nature – economic and cultural – of cultural activities, goods, and services, reaffirming the sovereign right of states to adopt or implement measures they deem appropriate for the protection and the promotion of the diversity of cultural expressions as well as reinforcing international cooperation for more balanced cultural exchanges. Since its adoption, this treaty has been criticized for its low level of constraint. However, data collected over the years show that parties rely extensively on the Convention to undertake diverse initiatives to achieve the treaty’s objectives. Based on concrete examples, this article aims to show that the effectivity of a legal instrument does not only rely on its degree of constraint but also on other factors, including monitoring mechanisms put in place in the context of its implementation.
This chapter explores the emergence of a distinct right to artistic freedom in international human rights law. It starts with an exploration of the input of constitutional traditions, as well as State practice and arguments brought by delegates during the drafting process of article 27 of the Universal Declaration of Human Rights with respect to freedom of creativity. It further provides an exhaustive examination of the legal instruments protecting freedom of enjoyment of the arts as an individual right, as well as its collective dimension. In particular, the chapter adopts a twofold approach to artistic freedom, viewed both as a component of freedom of expression (the ‘free speech’ approach) under article 19 of the International Covenant on Civil and Political Rights, and as a cultural right under article 15 of the International Covenant of Economic, Social and Cultural Rights. Finally, the chapter thoroughly explores the scope and institutional protection of artistic freedom in the practice of international and regional human rights bodies (including but not limited to the European Court of Human RIgths), as well as the UN Specialized Agency for Science Education and Culture (UNESCO).
This chapter explores the positive obligations accompanying artistic freedom, and discusses the linkages between artistic freedom and ‘participation’ in cultural life under article 15 ICESCR. It focuses in particular on obilgations related to effective judicial remedies concerning censorship of performances (e.g. Pussy Riot’s Punk Prayer) and demolition of art installations (e.g. the ‘Bridges of Memory’ installation in the Mapocho River in Chile), as well as those related to artists’ cultural mobility (e.g. artists living in a situation of occupation). In this respect, the chapter makes a parallel between international obligations to protect artistic freedom as part of the right to participate in cultural life with forms of artistic performance that require the participation of the public (as in the case of Kaprow’s work, and the ‘Reinventions of Yard’). It further examines the impact of non-discrimination and equality in the artworlds – including for instance discriminatory laws on male guardianship that have an impact on womens’ ability to work as artists, display their work or participate in artistic events and performances. Finally, the author wonders whether de facto equality is ever possible in the artworlds, discussing the application of affirmative action and the so-called special measures in the artworlds.
Since the late twentieth century, multicultural reforms to benefit minorities have swept through Latin America, however, in Colombia ethno-racial inequality remains rife. Becoming Heritage evaluates how heritage policies affected the Afro-Colombian community of San Basilio de Palenque after it was proclaimed by UNESCO as Intangible Cultural Heritage of Humanity in 2005. Although the designation partially delivered on its promise of multicultural inclusion, it also created ethno-racial exclusion and conflict among groups within the Palenquero community. The new forms of power, knowledge, skills and values created to safeguard heritage exacerbated political, social, symbolic and economic inequalities among Palenqueros, and did little to ameliorate the harsh realities of living and dying in Palenque. Bringing together broader discussions on race, nation and inclusion in Colombia, Becoming Heritage reveals that inequality in Palenque is not only a result of Black Colombians' uneven access to resources; it is enforced through heritage politics, expertise and governance.
This article examines Indigenous peoples’ experiences with the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) World Heritage Convention against the backdrop of their rights as recognized in the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and reviews the efforts of Indigenous peoples and human rights mechanisms to ensure respect for Indigenous peoples’ rights, cultures, and values in World Heritage sites. Although the Convention’s governing bodies have adopted policy and operational guidelines “encouraging” states parties to respect Indigenous peoples’ rights, many nomination, management, and protection processes of World Heritage sites continue to be marked by an exclusion of Indigenous peoples from decision making, a lack of respect for their relationship to the land, and disregard for their traditional livelihoods and cultural heritage. Human rights violations against Indigenous peoples continue to occur unabated in many sites and are in many ways enabled, and sometimes even driven, by decision making under the Convention. This article argues that there is an unacceptable disconnect between this Convention and the UN human rights system, with significant implications for the Convention’s and UNESCO’s credibility, and that a concerted effort should be made to align this UN Convention with the UNDRIP and the human rights purposes of the UN Charter and the UNESCO Constitution.
Although inspired by the nineteenth-century term ‘Silk Road(s)’, the phrase ‘Maritime Silk Road’ has its own origins, connotations, and applications. This article examines the emergence of the latter term as a China-centric concept and its various entanglements since the early 1980s, involving the People’s Republic of China’s (PRC) political bodies, academia, the ‘open door’ policy, the pursuit of World Heritage listings, and the current ‘Belt and Road Initiative’. These entanglements, the article contends, have resulted in the emergence of what could be called a ‘Maritime Silk Road’ ecosystem in the PRC. The analysis of this ecosystem presented in the article reveals not only the processes through which a narrative on China’s engagement with the maritime world has been constructed over time, but also its association with issues of national pride, heritage- and tradition-making, foreign-policy objectives, and claims to territorial sovereignty. As such, the ‘Maritime Silk Road’ must be understood as a concept that is intimately entwined with the recent history of the PRC and distinct from its nineteenth-century antecedent, which was used as a label for overland connectivity.
The Universal Declaration of Human Rights was proclaimed as a ‘common standard of achievement for all peoples and all nations’ and rests on the claim that persons are ‘endowed with reason and conscience’. The drafters were thus aligned with the claims of the natural law tradition that there are timeless principles of morality – true for all people in all places – and that these principles serve as a guide for lawmakers and a standard to evaluate positive law. Catholic philosopher Jacques Maritain argued that the drafters did not need to agree on the philosophical or metaphysical foundations of morality in order to agree on formulations of practical principles in the language of universal rights. This key insight helped to overcome obstacles to the UDHR and to guide key drafters including Charles Malik. Maritain’s account of natural law in The Rights of Man and Natural Law highlights the notion of jus gentium: commonly agreed principles that are intermediate between the first principles of natural law and positive law. The UDHR can be understood as a successful attempt to formulate jus gentium principles in the aftermath of a war that had seen them disregarded and violated.
The pragmatic partnership among West European nations that has emerged since 1945 exemplifies how “win-win” strategies can bring powerfully beneficial results over time. Yet the EU model cannot be straightforwardly applied at the global level, for five reasons. First, the cultural and political differences among the world’s nations are much greater than they are within Europe. Second, the obscene divide between “haves” and “have-nots” is much starker and more intractable at the global level than it is within Europe. Third, rapid globalization has caused a political backlash in many nations, bringing to power leaders who seek a defensive retrenchment behind national walls. Fourth, global institutions of cultural integration, such as UNESCO, remain relatively weak. And fifth, racist prejudice and nativist xenophobia are on the rise in many nations. Nevertheless, the historical precedent set by the EU demonstrates that national sovereignty can be incrementally dismantled, yielding new forms of institutionalized cooperation among formerly separate and mutually hostile peoples.
The chapter centres on the notion of repetition and takes it as the key concept of practice theory. It explores the translocal character of practice with regard to transnational diplomatic negotiations in the UNESCO World Heritage Programme. First, the chapter addresses a widespread bias towards stability and reproduction of the social in practice theory, points towards the need to take account of the dynamics of the social, and develops a poststructuralist understanding of repetition. The second part outlines three related dimensions of repetition and spells out their methodological implications for practice theory. By thinking of practices in terms of repetitions that link different sites and instances, the methodology of practice theory is to follow the fragile relations which make up the (in)stability of the social, enabling it to grasp the specific contributions of bodies and material artefacts. Drawing on data from a long-term participant observation, the final part of the chapter puts this methodology to work by analysing continuity and change in international diplomacy, looking at the interwoven diplomatic practices of negotiating, drafting, and decision-making.
This chapter argues that the notion of human dignity provides an overarching normative framework for assessing the ethical and legal acceptability of emerging life sciences technologies. After depicting the increasing duality that characterizes modern technologies, this chapter examines two different meanings of human dignity: the classical meaning that refers to the inherent worth of every individual, and the more recent understanding of this notion that refers to the integrity and identity of humankind, including future generations. The close connection between human dignity and human rights is outlined, as well as the key-role of dignity in international human rights law, and very especially in the human rights instruments relating to bioethics. The chapter concludes by briefly presenting the challenges to human dignity and human rights posed by neurotechnologies and germline gene editing technologies.