Universiteit Leiden

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Dissertation

Striking a balance between local and global interests

On 2 May, Sophie Starrenburg defended the thesis 'Striking a balance between local and global interests: communities and cultural heritage protection in public international law'. The doctoral research was supervised by Nico Schrijver and Yvonne Donders.

Author
Sophie Starrenburg
Date
02 May 2024
Links
Striking a balance between local and global interests

This dissertation delves into how international cultural heritage law affects individuals and local communities. It primarily examines the implementation of two UNESCO conventions: the World Heritage Convention and the Intangible Cultural Heritage Convention. In practice, these treaties are often wielded by states to exert control over marginalised communities, for example by evicting the residents of heritage sites in the name of heritage protection. In many situations affected communities are unable to genuinely influence these decisions, despite their potential for far-reaching consequences upon their daily lives.

The dissertation argues that such negative consequences stem from the ‘universalising’ language of these conventions. By designating certain heritage as the ‘cultural heritage of mankind’, they empower states to prioritise purportedly common interests over the interests of local communities, potentially erasing living heritage value in the process.

Breaking new ground, the dissertation combines research from various disciplines on the local impact of cultural heritage law and situates these findings within the framework of public international law. Based on a thorough analysis of the current state of the law, the dissertation highlights how cultural heritage law fails to protect the interests of individuals and local communities. Drawing upon participatory principles from environmental and human rights law, it offers practical recommendations for policymakers to enhance the position of individuals and local communities in international heritage law.

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