Heritage, Culture and Rights: Challenging Legal Discourses

by Andrea Durbach, Lucas Lixinski

Overview

Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China's use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law.

The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world.


'This book fills an important gap in the literature on heritage and rights and, in particular, human rights law. With articles from leading experts addressing the legal human rights dimensions of cultural heritage protection, it makes a significant contribution to debates over issues such as 'Why should we safeguard heritage and for whom?' and 'What is the relationship between heritage safeguarding and protecting human rights?'. These are deep questions of profound significance to individuals, communities and even nations around the world and are of increasing urgency today. It critically analyses the relationship between heritage and human rights that can be potentially pernicious as well as mutually reinforcing, placing this analysis within the wider context and with a broad geographical scope with examinations of the heritage/rights relationship in Southeast Asia (Cambodia), China and sub-Saharan Africa.'

Dr Janet Blake, Associate Professor in Law, Shahid Beheshti University, Tehran

'Traversing the destruction of mausoleums in Timbuktu to war crimes trial by the International Criminal Court, Heritage, Culture and Rights explores the crucial links between human rights and the protection of cultural heritage. The essays are accessible to all viewing the destruction of cultural heritage as a breach of human dignity and identity. Unputdownable.'

Professor Gillian Triggs, President of the Australian Human Rights Commission

'This collection of essays by leading scholars, though primarily Australian in origin, is universal in orientation. Ranging from a broad survey of the applicable laws of armed conflict to a detailed consideration of urban design in Southeast Asia, the essays offer significant insights into the relationship between the protection and use of cultural heritage, on one hand, and fundamental human rights, on the other. Ultimately, the mutual reinforcement of the two disciplines of law prevails over carefully-acknowledged tensions between them. Readers at all levels of expertise will find the book of great interest.'

Professor James Nafziger,Thomas B Stoel Professor of Law and Director of International Programs at the Willamette University College of Law

Product Details

ISBN-13:	9781849468084
Publisher:	Bloomsbury Academic
Publication date:	05/18/2017
Pages:	312
Product dimensions:	6.14(w) x 9.21(h) x 0.75(d)

About the Author

Andrea Durbach is Professor at the Faculty of Law at the University of New South Wales and Director of the Australian Human Rights Centre.
Lucas Lixinski is Senior Lecturer at the Faculty of Law at the University of New South Wales and a Project Director at the Australian Human Rights Centre.

Table of Contents

Notes on Contributors vii

Introduction Andrea Durbach Lucas Lixinski 1

Part 1 Human Rights and Heritage: A Possible Alliance?

1 Opening the Toolbox of International Human Rights Law in the Safeguarding of Cultural Heritage Francesco Francioni Lucas Lixinski 11

2 Culture, Rights and the Post-2015 Development Agenda Ben Boer 35

3 Cultural Heritage, Human Rights and the Privatisation of War Ana Filipa Vrdoljak 63

4 The Urban Village and the Megaproject: Linking Vernacular Urban Heritage and Human Rights-based Development in the Emerging Megacities of Southeast Asia Scott Hawken 91

Part 2 Heritage in Tension with Rights

5 Between Rights in the City and the Right to the City: Heritage, Character and Public Participation in Urban Planning Amelia Thorpe 121

6 The Tension between Rights and Cultural Heritage Protection in China Stefan Gruber 149

7 Heritage and Human Rights: Refraining the Conservation Ethic Josephine Gillespie 165

8 The Poverty of World Heritage Management in Sub-Saharan Africa: The Legacy of Colonialism and Disregard of Human Rights Folarin Shyllon 181

Part 3 Heritage as a Tool for Broader Political Transformation

9 Cultural Heritage as Transformation: A Study of Four Sites from Post-Apartheid South Africa Andrea Durbach 205

10 Heritage Listing as Self-determination Lucas Lixinski 227

11 World Heritage, Cultural Conflicts and Political Reconciliation Andrzej Jakubowski 251

Index 275

Editorial Reviews

It is explicitly a volume about “challenging legal discourses” and, as such, presents a timely contribution that sheds light on this particular angle of the link between heritage, culture, and rights. Overall, it is an interesting and accessible volume for anyone with an interest in heritage and rights, and a legal background is not strictly necessary.” —Anne-Laura Kraak, Faculty of Arts and Education, Deakin University, Victoria, Australia, International Jourbanal of Cultural Property

“Overall, this volume highlights some of the challenges and questions that arise when examining the intersection of human rights law and cultural heritage, including the challenge to marry the different values ascribed to cultural heritage. Moreover, the book provides yet another recognition of the need for an interdisciplinary approach to the research of cultural heritage protection and preservation. The authors present a thoughtful overview of core themes, providing an excellent introduction to this field of study in a clear and readable manner. This book is therefore highly recommended for practitioners and students alike.” —Emiline Smith, Law and Society Review

“This compilation brings hard questions about culture, cultural heritage and society into better focus... The scholarship demonstrated here deserves a strong recommendation for making more explicit the link between cultural heritage provision and human rights. Heightened awareness of the connection and its darker side makes it easier to develop international standards to advance rights relating to cultural heritage. If the restorative and transformative dimensions of cultural heritage for society can be kept in view, as this work does, change may start to happen.” —Christa Roodt, University of Glasgow, International Jourbanal of Heritage Studies

“Heritage, Culture and Rights possesses the kind of academic breadth of vision that indicates that it is destined to become a classic book in its category. The growing acknowledgement of the importance of local and global questions emerging at the intersection of heritage studies, human rights and the development agenda ensures the future importance of a work that seeks to bridge the gap between disciplinary 'silos' and build a constructive dialogue between disciplines, values and stakeholders.” —Gabriele D'amico Soggetti, Freie Universitat, Australian Jourbanal of Human Rights

From the Publisher