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... 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. Show less
International environmental treaties and soft law instruments stress international cooperation as a fundamental principle in the governance of natural resources shared by two or more states.... Show moreInternational environmental treaties and soft law instruments stress international cooperation as a fundamental principle in the governance of natural resources shared by two or more states. However, tensions between national interests and the common interests of the states sharing natural resources can make it difficult for states to cooperate. Meanwhile, the sustainable management of the resource in question and the human rights of the populations involved can be affected. This dissertation examines principles of international law applicable to the governance of resources that are significant to the world’s population, that have the potential to be a source of conflict, and whose governance presents problematic aspects. The selected principles are sovereignty, community of interests, common concern of humankind, public participation and sustainable development. The first two chapters focus on transboundary freshwater resources, underground and surface waters respectively. Chapter 3 and Chapter 4 focus on the atmosphere, addressing atmospheric degradation and climate change respectively. Chapter 5 focuses on marine resources beyond national jurisdiction or ‘ocean global commons’. Each chapter identifies problems concerning the selected principles and their application to shared resource governance, puts forward original and cogent arguments to address said problems, and suggests ways in which the principles could contribute to the sustainable governance of shared natural resources. Show less
