Indigenous peoples,world heritage,and human rights

© International Cultural Property Society 2018. Indigenous peoples' emphasis on protecting their cultural heritage (including land) through a human rights-based approach reveals the synergies and conflicts between the World Heritage Convention and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This article focuses on how their insistence on the right to participate effectively in decision-making and centrality of free, prior, and informed consent as defined in the UNDRIP exposes the limitations of existing United Nations Educational, Scientific and Cultural Organization and World Heritage Convention processes effecting Indigenous peoples, cultures, and territories and how these shortcomings can be addressed. By tracking the evolution of the UNDRIP and the World Heritage Convention from their drafting and adoption to their implementation, it examines how the realization of Indigenous peoples' right to self-determination concerning cultural heritage is challenging international law to become more internally consistent in its interpretation and application and international organizations to operate in accordance with their constitutive instruments

Introduction

Authored by leading scholars and practitioners from around the world, this Commentary is the first to offer an article-by-article commentary on the two leading multilateral treaties on movable cultural heritage in one volume: The 1970 ..

The principle of sustainable development and international cultural heritage law

This book offers a thorough academic investigation on the importance of cultural heritage to sustainable development and cultural rights from an international law perspective

Cultural Heritage, Transitional Justice and Rule of Law

This Handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, and current challenges

Genocide and restitution: Ensuring each group's contribution to humanity

The protection of minorities in modern international law is intimately connected with and fuelled the recognition of the crimes of persecution and genocide. Minority protection represented the proactive component of the international efforts to ensure the contribution of certain groups to the cultural heritage of humankind. Prohibition and prosecution of persecution and genocide represented the reactive element of these same efforts. The restitution of cultural property to persecuted groups by the international community was recognition that their ownership and control of these physical manifestations was necessary for the realization of this purpose. In this article, I consider the emergence, contraction, and revival of the interconnection between minority protection, the prevention and punishment of genocide, and the protection and restitution of cultural heritage over the last century-long development of international law. It is argued that the central aim driving and interweaving these initiatives is the effort to ensure the continuing contribution of each group to the cultural heritage of all humanity. © EJIL 2011; all rights reserved

Conclusion: Looking forward on the trade in cultural objects

Authored by leading scholars and practitioners from around the world, this Commentary is the first to offer an article-by-article commentary on the two leading multilateral treaties on movable cultural heritage in one volume: The 1970 ..