Landscape Protection in International Law

Landscape Protection in International Law
Author: Amy Strecker
Publisher: Oxford University Press
Total Pages: 241
Release: 2018-08-23
Genre: Law
ISBN: 0192560719

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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.

Landscape Protection in International Law

Landscape Protection in International Law
Author: Amy Strecker
Publisher: Oxford University Press
Total Pages: 351
Release: 2018-08-29
Genre: Law
ISBN: 0192560727

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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.

Heritage Destruction, Human Rights and International Law

Heritage Destruction, Human Rights and International Law
Author: Amy Strecker
Publisher: BRILL
Total Pages: 520
Release: 2023-07-24
Genre: Law
ISBN: 9004434011

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This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.

Landscape Conservation Law

Landscape Conservation Law
Author:
Publisher: IUCN
Total Pages: 99
Release: 2000
Genre: Law
ISBN: 2831705282

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Publisher's description: Contains the proceedings of the Colloquium on Landscape Conservation Law that took place in Paris in 1998. Its central theme was the draft European Landscape Convention prepared by the Council of Europe, the first of its kind. Since 1998, the draft has evolved, and has reached its almost final form. In addition to considering the draft Convention, the Colloquium also explored the elements of landscape conservation law in various parts of the world.

Landscape as Public Space

Landscape as Public Space
Author: Amy Strecker
Publisher:
Total Pages: 283
Release: 2012
Genre: Environmental law
ISBN:

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This thesis deals with the protection of landscape in international law. It focuses mainly on Europe. Landscape has gained increasing importance on the international stage since the inclusion of 'cultural landscapes' within the scope of the UNESCO World Heritage Convention in 1992. 'Cultural landscapes' were to give recognition to the intangible and associative values attached to certain landscapes, to sustainable agricultural practices and to 'people and communities' - essentially the human dimension of landscape. This shift has come full circle with the adoption of the European Landscape Convention in 2000. The European Landscape Convention conceives of landscape above all as a people's landscape and accordingly, provides for the active participation of the public in the formulation of plans and polices. It not only focuses on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. This brings landscape back to its early etymological origins and has a number of implications for human rights, democracy and access to justice. With this in mind, the thesis then explores the interplay between landscape and human rights from cultural, environmental and procedural rights perspectives. It demonstrates that outside the indigenous context, a 'right to landscape' is difficult to articulate in cultural rights terms. This is illustrated by the two cases studies (Tara and Rospuda), through a comparative analysis of the case law of a number of regional human rights courts and through the work of the UN Human Rights Committees. The thesis highlights how such a right is also difficult from an environmental rights perspective - since the very existence of a right to the environment itself is not well-established. In conclusion, it is the procedural environmental rights - such as participation and access to justice - which offer most scope for the protection of landscape in Europe.

Research Handbook on International Law and Natural Resources

Research Handbook on International Law and Natural Resources
Author: Elisa Morgera
Publisher: Edward Elgar Publishing
Total Pages: 582
Release: 2016-11-25
Genre: Law
ISBN: 1783478330

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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.

Cultural Heritage, Cultural Rights, Cultural Diversity

Cultural Heritage, Cultural Rights, Cultural Diversity
Author: Silvia Borelli
Publisher: Martinus Nijhoff Publishers
Total Pages: 460
Release: 2012-07-05
Genre: Law
ISBN: 9004228381

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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.

The Oxford Handbook of International Cultural Heritage Law

The Oxford Handbook of International Cultural Heritage Law
Author: Francesco Francioni
Publisher: Oxford University Press
Total Pages: 1024
Release: 2020-07-23
Genre: Law
ISBN: 0192603701

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This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.

Protecting the Third Pole

Protecting the Third Pole
Author: Simon Marsden
Publisher: Edward Elgar Publishing
Total Pages: 328
Release: 2019
Genre: Law
ISBN: 1786437414

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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.

Advancing Agroecology in International Law

Advancing Agroecology in International Law
Author: Rob Amos
Publisher: Taylor & Francis
Total Pages: 224
Release: 2023-10-30
Genre: Law
ISBN: 1000988902

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Producing enough food is a basic human priority and a critical challenge in the face of a growing population and the deteriorating ecological health of the planet. Modern agricultural practices promise to maximise the productive efficiency of available land but are one of the main drivers of agro- and biodiversity loss. Agroecology, which places ecological sustainability and diversity at the heart of agriculture, is one response to these challenges. It presents agriculture not only as the process through which food is produced but as a dynamic socioecological phenomenon that exists through networks comprising natural and human stakeholders at global, national and subnational levels. Drawing on a combination of agroecological and legal literature, this book explores where there is space in international law to pursue agroecology. Using a range of case studies, it demonstrates how concepts, mechanisms and regulatory approaches in the law advance, and can be reformed to further advance, an agroecological legal framework that allows humanity to meet its agricultural needs in a way that protects the natural and cultural diversity that is fundamental to the ecological integrity of the planet.