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
This dissertation presents a legal geographical analysis of the heritage laws of the independent English-speaking islands of the Lesser Antilles. The research considers the role of landscape or... Show moreThis dissertation presents a legal geographical analysis of the heritage laws of the independent English-speaking islands of the Lesser Antilles. The research considers the role of landscape or place (the spatial location of a community’s cultural identity) to sustainable heritage protection, given that these islands are former British colonies and their perceived ‘placelessness’ facilitated the destruction of land and the attendant community relationships essential for heritage, with the conversion to private property through the law.The research question considers the degree to which modern heritage law is spatially just (responsive to the needs of local communities) given this colonial legacy. The research findings indicate that while international law has pivoted away from colonialist approaches to indigenous and local communities and their relationships with heritage resources (now centering them in the effective functioning of the landscape) domestic laws in the Lesser Antilles have not. Decolonisation of the current legislative framework thus requires the incorporation of landscape protection in the law. Procedural environmental rights such as access to environmental information and public participation in environmental decision-making offer a solution, because they can equip communities with the tools to contest landscape use where community cohesion is threatened, ultimately protecting heritage bearers and their practices. Show less
