World Heritage Sites for the Nation: the preservation of World Heritage Sites in a national context

Lead Research Organisation: University of Kent
Department Name: Kent Law School

Abstract

This project will evaluate the implementation of the 1972 UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage (the Convention) in ten countries (Australia, China, France, Germany, Italy, Japan, Switzerland, Spain, the UK and the USA). It will assess its impact on national laws and its effectiveness in protecting World Heritage Sites; promoting effective custodianship of those Sites for the benefit of future generations by developing a set of minimum legal standards and policies, which should become a crucial reference point for local authorities, governments and stakeholders.

The Convention recognises that States have a duty to protect their cultural heritage with the dual aim to care for the past of humankind and improve the wellbeing of local communities. There are 704 Cultural World Heritage Sites, most of them in developed countries. These are under different man-made threats such as pressure to build modern infrastructure, urban development, privatisation, unsustainable tourism, poor management or inadequate administrative/legislative provisions. For example the Dresden Valley (Germany) Cultural World Heritage Site was delisted in 2009 because of the construction of a four-lane bridge that spoiled its Outstanding Universal Value. The World Heritage Committee recently found that most current management systems and protection arrangements in Western Europe need improvement and highlighted a need to give full information on legislation and other aspects of protection in the different countries party to the Convention (World Heritage Report 20,61;62).

The research will address these problems by evaluating the efficiency of national laws in the protection of World Heritage Sites through a critical comparison of ten legal systems and two questions that will cross disciplines and allow for a detailed and sustained engagement with a historical and cultural perspective. It will provide an analysis of the legal discourse of the Convention at both international and national level in order to understand the difficulty of developing a coherent definition of sites of Outstanding Universal Value. Secondly, it will offer a critical evaluation of national legal instruments and policies that protect those sites in order to shape perspectives for their future management and to enhance their stewardship through long term strategic planning. This will be achieved through an assessment of the indeterminate criteria of 'appropriateness' found in Art. 5 of the Convention; an evaluation of national legal, administrative and financial measures necessary for the protection, conservation and rehabilitation of those Sites; it will look at the different regimes of ownership and finally it will examine the level of integrated management policy between the different level of authorities.

The findings from this project will enhance the stewardship of World Heritage Sites for the benefit of future generations and local communities by providing a clear understanding of the values behind cultural heritage laws and by developing long term legal/policy strategic planning for local authorities, governments and international agencies whether public, private or voluntary (local authorities, Department of Culture, Media and Sport, English Heritage, National Trust).

The project will include a workshop, a conference, and the creation of a network on the protection of the cultural heritage between international leading scholars and relevant stakeholders, which will long outlast the duration of the funding requested here. The results will be published in a book and findings will be disseminated amongst policy makers in the relevant countries through a policy document. Dissemination will also be facilitated through The Heritage Innovation Network at Kent (THINK) at the University of Kent which will organise events with local schools and museums promoting the protection of cultural heritage.

Planned Impact

Beyond the significant potential academic impact of this network (as noted above), it will be a means for initiating knowledge exchange in the sphere of cultural heritage which UNESCO and its World Heritage Centre have encouraged through the development of World Heritage PACTs (Partnerships for Conservation Initiative). Moreover, the Western Europe sub group for Periodic Reporting of the application of the World Heritage Convention highlighted in 2009 the need to develop means of allowing states 'to give more full information on legislation and other aspects of protection in their constituent parts'. This research network will directly assist and benefit such action by providing detailed analysis of the laws and policy of the ten countries involved in the network.

The impact of this project will benefit from the wide range of complementary expertise and contacts brought to the network by its members who will be active in disseminating the research findings and recommendations to their national governments and stakeholders.

Locally, the Network will collaborate with The Heritage Innovation Network at Kent (THINK) which has contact with a range of cultural heritage stakeholders and works with local museums and schools to encourage different sections of society to identify with and participate in the stewardship of local cultural heritage. Other local authorities in charge of World Heritage Sites which are congregated under the Local Authority World Heritage Forum (LAWHF) will be contacted and invited to participate in the conference.

Nationally, the Network will collaborate with ARCH (Alliance to Reduce Crime Against Heritage) which is a voluntary national network that aims to reduce heritage crime. It is spearheaded by English Heritage, the Police and the Crown Prosecution Service. Chief Inspector Mark Harrison will represent ARCH at the workshop and conference. Dr Christopher Young, who is Head of International Advice, English Heritage and a member of the UK National Committee of UNESCO has agreed to participate in the network.

Internationally, the workshop and conference will enable knowledge exchange between leading international academics and heritage professionals, enabling a sharing of experiences and pursuit of shared goals such as better protection, conservation, and transmission of cultural heritage to future generations. This participation and exchange will facilitate the communication of best practice from World Heritage Site management to the wider heritage community. Once the network is established, the Advisory Group will seek advice from the World Heritage Committee to create a Partnership for Conservation Initiative (PACT). Other organisations such as ICOMOS - International Committee on Monuments and Sites (Susan Denyer, ICOMOS World Heritage Adviser Secretary, ICOMOS-UK) will be invited as well as representatives of the World Heritage Committee and of World Heritage Sites whether in public or private ownership.

Webspace for the network will be contributed by THINK, who will create the webpages and maintain them. The website will enable network members, academics, stakeholders and a wider audience to access the research (its aim, its importance, its methodology, the questionnaires).

The policy framework document will be printed and copies will be sent to government departments - both national and local, interested Members of Parliament, cultural heritage stakeholders such as English Heritage and National Trust, World Heritage Committee, UNESCO, ICOMOS (and its national representatives). Contacts at each of these key institutions will be fully exploited to ensure that the policy document reaches the right people and is fully considered by them.

The media office of the University of Kent will help to disseminate the findings of the research through radio and television broadcasts.

Publications

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Pickard R (2016) Editorial in The Historic Environment: Policy & Practice

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Vigneron S (2015) Crise et patrimoine monumental

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Vigneron S (2016) From local to World Heritage: a comparative analysis in The Historic Environment: Policy & Practice

 
Description Key findings of the first part of the research: The research highlighted four main issues. Firstly, the survey showed that the goal for more consultation and communities' involvement in the process of nomination is, in practice, rarely achieved. Secondly, the selection of properties at the national level does not address the question of the List's representativity because on the one hand it represents the view of the state's majority and on the other hand the bottom up approach at a national level does not encourage underrepresented stakeholders to apply for World Heritage nomination when local authorities also have to shoulder the cost of the process. Thirdly, the Convention has created specialist criteria that require specialist knowledge that are not easily translated in lay concepts; this is found both for the nomination process and the review process. Fourthly, there was strong support for early advice from the Committee on the likelihood of the process in the upstream process (see para. 122 OG) as well as the completeness check such as adding at the national level a feasibility stage (for example a Technical Evaluation).

Key findings of the second part of the research: There are three key findings. Firstly there are inherent opposition between states' sovereignty and the requirements of the convention with the consequence that a strengthening of the convention to make an international level of protection seem desirable, but that would be impossible to enforce because the sovereignty of the State has to be safeguarded. Secondly, sustainable development or the balancing of conservation versus economic development is an on-going issue for all the countries, with the need for effective means for visitor management (especially represented by the dangers of commodification in China) and climate change issues such as sandstorms, flooding and earthquakes also being evident. Another key factor is the political and administrative situation for management. Finally, the level of integration of policies within management systems/plans is contrasted with countries at different ends of the spectrum. The evidence from the countries shows that more needs to be done to better integrate long term conservation of a property's Outstanding Universal Value to management systems/plans.
Exploitation Route The findings, published in a special edition of the journal Historic Environment: Policy & Practice can be taken forward by researchers and policy makers working in the protection of the built heritage, in particular those managing a World Heritage Property
Sectors Environment,Culture, Heritage, Museums and Collections

URL http://www.kent.ac.uk/law/heritage/index.html
 
Description Visiting professorship for Professor Galera, a member of the research network
Amount £300 (GBP)
Organisation University of Kent 
Sector Academic/University
Country United Kingdom
Start 10/2015 
End 12/2015
 
Description Visiting travel award for Professor Wang, a member of the Research Network
Amount £1,898 (GBP)
Organisation University of Kent 
Sector Academic/University
Country United Kingdom
Start 10/2014 
End 10/2014
 
Description Société internationale pour la recherche en droit du patrimoine culturel et droit de l'art 
Organisation International Society for Research on Art and Cultural Heritage Law
Country France 
Sector Learned Society 
PI Contribution Société internationale pour la recherche en droit du patrimoine culturel et droit de l'art -
Collaborator Contribution the research network aimed to strengthen the relationship between several European partners and the PI based in the UK. This was successful as the PI was invited to become a board member of a society that researches the legal protection of cultural heritage.
Impact this collaboration resulted in the members participating in the funded research. It also resulted in the PI being invited to several conferences.
Start Year 2012
 
Description Conference, Philadelphia (USA) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact I was invited to give a presentation on 'The implementation of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage in the UK and France: taking stock of its impact on the protection of the built heritage'. The conference was organised by the University of Pennsylvania in Philadelphia.
Year(s) Of Engagement Activity 2012
 
Description General meeting of owners of listing and scheduled properties at UNESCO (Paris) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact the conference coincided with the General Assembly of an association called 'Vieilles Maisons de France' that represents owners of listed and scheduled buildings in France. It took place at the UNESCO. I presented a paper on the historical protection of the built heritage in England. The conference was entitled 'Un siècle de protection des monuments historiques, pour quel avenir?'
Year(s) Of Engagement Activity 2013
 
Description International conference (Canterbury) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact 50 people (PG students, academics, professional practitioners, heritage stakeholders) attended a conference organised by the PI and Co-I in Canterbury. The purpose was to disseminate and discuss the network's findings and widened the discussion to heritage stakeholders. The results was positive as there was a lot of discussion and the conference proceedings were published
Year(s) Of Engagement Activity 2015
URL http://www.kent.ac.uk/law/research/projects/current/preservation.html
 
Description International conference, Nantes (France) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Study participants or study members
Results and Impact 100 people (PG students, academics, professional practitioners, heritage stakeholders) attended a conference organised in Nantes (France) at which I presented a paper on the impact of the economic crisis on the protection of the built heritage in England. There was a lot of discussion afterwards.
Year(s) Of Engagement Activity 2015
 
Description Outreach conference 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Other audiences
Results and Impact the talked aimed to share the experience of drafting a research proposal

There was interest in the audience to have a practical approach on drafting a proposal
Year(s) Of Engagement Activity 2012
 
Description Popular lecture series at the Beaney House of Art and Knowledge (Canterbuy museum) 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Public/other audiences
Results and Impact Approximately 30 members of the public attended a popular lecture presented by Professor Carr and organised by Dr Vigneron (co-Director of the Centre for Heritage) at the Beaney House of Art and Knowledge in Canterbury. The lecture sparked questions and discussion with members of the public. The intended purpose was to strengthen relationships between the Centre for Heritage and the Beaney in order to able relevant speakers to communicate their research activities and their outcomes to the wider public, as popular lectures are an effective way of informing the public about research and increasing its accessibility.
Year(s) Of Engagement Activity 2016
 
Description Workshop 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact The workshop was based on a questionnaire that had been filled by participants to the network. It also included local participants (Canterbury City council) and national representatives of ICOMOS UK.

The workshop raised questions and themes that have been identified and developed further for a conference that will take place in Canterbury in January 2015
Year(s) Of Engagement Activity 2013