Leiden University Scholarly Publications

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Starrenburg, S.H. (2024)

Striking a balance between local and global interests: communities and cultural heritage protection in public international law

Doctoral Thesis
This dissertation explores the impact of international cultural heritage law on individuals and local communities, particularly through the lens of cultural heritage law's use of universalising language such as the ‘cultural heritage of mankind’. It argues that this rhetoric empowers states to prioritise purportedly common interests over local ones, potentially erasing living heritage value in the process. The dissertation places cultural heritage law in the context of broader international legal trends, in particular the tension between the pursuit of common interests through international law and the enduring influence of state sovereignty as a structuring principle of that law. It argues that contemporary cultural heritage law often fails to effectively limit state powers or protect the interests of individuals and local communities. It thus calls for stronger guarantees of participation within cultural heritage law, drawing upon legal standards developed within environmental...Show moreThis dissertation explores the impact of international cultural heritage law on individuals and local communities, particularly through the lens of cultural heritage law's use of universalising language such as the ‘cultural heritage of mankind’. It argues that this rhetoric empowers states to prioritise purportedly common interests over local ones, potentially erasing living heritage value in the process. The dissertation places cultural heritage law in the context of broader international legal trends, in particular the tension between the pursuit of common interests through international law and the enduring influence of state sovereignty as a structuring principle of that law. It argues that contemporary cultural heritage law often fails to effectively limit state powers or protect the interests of individuals and local communities. It thus calls for stronger guarantees of participation within cultural heritage law, drawing upon legal standards developed within environmental law and human rights law. The dissertation suggests a rethinking the concept of ‘universal interest’ in heritage law to qualify the operation of state sovereignty and to better accommodate the interests of individuals and local communities, emphasizing their role as central actors and the need to bridge the gap between local and global interests in cultural heritage protection.
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Cultural heritage law
Public international law
World Heritage Convention
Convention for the Safeguarding of the Intangible Cultural Heritage
Community participation
Common interests
International environmental law
International human rights law
Public participation
Free, prior and informed consent
All authors
Starrenburg, S.H.
Supervisor
Schrijver, N.J.; Donders, Y.M.
Committee
Herik, L.J.; van den Lixinski, L.; Strecker, A.; Venzke, I.
Qualification
Doctor (dr.)
Awarding Institution
Institute of Public Law, Faculty of Law, Leiden University
Date
2024-05-02
Title of host publication
Meijers-reeks

Publication Series

Name
MI-419

Funding

Sponsorship
This publication is part of the project ‘The Foundations of Cultural Heritage Protection: Striking a Balance between the Local and the Global’ with project number 406.18.516 of the research programme Research Talent which is financed by the Dutch Research Council (NWO).