Once the exclusive prerogative of domaine réservé, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spatial justice. Despite these links, however, there has been little legal scholarship on the topic. How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? Amy Strecker assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.
Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.
This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional and bilateral initiatives, including legal measures. Accordingly, the handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The book concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law, and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs
Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples as well with individual and collective human rights. Leading international scholars examine the new challenges determined by that evolution, reaching beyond only tangible artistic and monumental expression and paying particular attention to the linkages between cultural heritage, cultural diversity and human rights. As such, Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law offers a comprehensive and original overview of how the international approach to culture has evolved from a sovereignty-based idea of cultural property to a perception which emphasises the human dimension of cultural heritage.
Cultural landscapes, which in the field of heritage studies and practice relates to caring for and safeguarding heritage landscapes, is a concept embedded in contemporary conservation. Heritage conservation has shifted from an historical focus on buildings, city centres, and archaeological sites to encompass progressively more diverse forms of heritage and increasingly larger geographic areas, embracing both rural and urban landscapes. While the origin of the idea of cultural landscapes can be traced to the late-19th century Euro-American scholarship, it came to global attention after 1992 following its adoption as a category of ‘site’ by the UNESCO World Heritage Committee. Today, cultural landscape practice has become increasingly complex given the expansion of the values and meanings of heritage, the influence of environmental challenges such as human induced climate change, technological advancements, and the need to better understand and interpret human connections to place and landscapes. The aim of this handbook is to strike a balance between theory and practice, which we see as inseparable, while also seeking to achieve a geographical spread, disciplinary diversity and perspectives, and a mix of authors from academic, practitioner, management, and community backgrounds.
This highly topical book considers the important question of how best to protect the environment of the Third Pole – the area comprising the Hindu Kush Himalayas and Tibetan Plateau – using the tool of international law. Following detailed analysis of the weaknesses in the current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.
This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.
This volume offers a critical inquiry into the ever-evolving notion of cultural heritage and the way it has been made accessible, governed, and protected by the institutional, operational, and legal structures of the European Union.
The IUCN Academy of Environmental Law Research Studies' third colloquium of 2005 brought together more than 130 experts from 27 nations on nearly every continent. This book brings together a number of the papers presented there and offers a global perspective on biodiversity conservation and the maintenance of sustainable cultures. It addresses issues from international, regional, and country-specific perspectives. The book is organized thematically to present a broad spectrum of issues, including the history and major governance structures in this area; the needs, problems, and prerequisites for biodiversity; area-based, species-based, and ecosystem-based conservation measures; the use of components of biodiversity and the processes affecting it; biosecurity; and access to and sharing of benefits from components of biodiversity and their economic value.
This comprehensive guide on historic garden and landscapeconservation will help landscape professionals familiarisethemselves with what the conservation of historic gardens, gardenstructures and designed landscapes encompasses. The aim of the series is to introduce each aspect ofconservation and to provide concise, basic and up-to-date knowledgewithin five volumes, sufficient for the professional to appreciatethe subject better and to know where to seek further help. Gardens & Landscapes in Historic BuildingConservation is an essential guide for everyone with aninterest in the conservation of historic gardens and designedlandscapes worldwide. The latest assessment of the origins, scopeand impact of gardens and designed landscapes is vitalreading. Covering history and theory, survey and assessment,conservation and management and the legislative framework the bookconsiders all aspects of garden and landscape conservation andrelated issues. It explores the challenge of conserving theseimportant sites and surviving physical remains and a conservationmovement which must understand, protect and interpret thoseremains. This book demonstrates how the discipline of the history andconservation of gardens and landscapes has matured in recentdecades, recognising the increased participation of professionalcontract and curatorial managers in the management of these sitesand in conserving and interpreting landscapes. Drawing on a wide range of sources, combining academic andprofessional perspectives, the book provides information and advicerelevant to all involved in trying to preserve one ofEngland’s greatest cultural contributions and legacy forfuture generations to enjoy. With chapters by all the leadingplayers in the field and illustrated by copious examples this givesessential guidance to the management and conservation of historicgardens and designed landscapes.
Germán T. Cruz is a landscape architect by profession and vocation with a wide path of practical engagement in urban and residential design across the USA and several countries. In addition to professional practice from his studio, Professor Cruz teaches at the Department of Landscape Architecture in the College of Architecture and Planning at Ball State University where he leads graduate and undergraduate design studios on urban design, graphic communications, parks, regional design, and open space as well as lecturing on design theory, technology and materials, contemporary history of urban design, and philosophy of landscape architecture. In 2010 he walked on the Road of Saint James through southern France and northern Spain from Le Puy en Velay to Santiago over 3000 km in 66 days. The result of this journey was a design meditation and travelogue under the title Walking to Know that was published recently by Xlibris. A collection of his poems has also been published in a bilingual edition (Spanish/English) under the title Poemas Veniales/Venial Poems.
The third edition of this classic textbook offers comprehensive and critical commentary on international environmental law. It fully covers the key topics of the course and is clearly structured to include the history and framework in which international environmental law exists, key areas of regulation and implementation, links to other areas of law and future developments. It has been updated to incorporate all the latest developments in treaty and case law. Extensive feedback on previous editions results in a restructuring of material, including a new part focused on linkage to other areas of international law including human rights, international trade and foreign investment. There is also a new chapter on future developments charting the directions in which the subject is moving. Specialist authors writing on oceans, seas and fisheries and biodiversity add to the expertise of the two principal authors for an authoritative overview of the subject.