World Cultural Heritage: Obligations to the International Community as a Whole?

53 International and Comparative Law Quarterly 189–209 (2004)

Republished in De Feyter (ed.), Globalization and Common Responsibilities of States in International Law (Farnham: Ashgate, 2013)

18 Pages Posted: 1 Jan 2020 Last revised: 14 Dec 2019

See all articles by Roger O'Keefe

Roger O'Keefe

Bocconi University - Department of Law

Date Written: 2004

Abstract

The preamble to the World Heritage Convention declares that parts of the cultural heritage of outstanding interest 'need to be preserved as part of the world heritage of mankind as a whole’. This and other preambular recitals and operative provisions suggest that the obligation of a State party to the Convention to protect, conserve and transmit to future generations cultural sites of outstanding universal value situated in its territory is an obligation erga omnes partes, legally enforceable by any of all of the other States parties. May States, however, which are not parties to the Convention but which nonetheless represent part of 'mankind as a whole' also seek legally to compel a State party to preserve such cultural heritage? The article answers the question on the basis of a detailed account of state practice, especially in relation to the destruction by the Taliban of the Buddhas of Bamiyan.

JEL Classification: K33

Suggested Citation

O'Keefe, Roger, World Cultural Heritage: Obligations to the International Community as a Whole? (2004). 53 International and Comparative Law Quarterly 189–209 (2004), Republished in De Feyter (ed.), Globalization and Common Responsibilities of States in International Law (Farnham: Ashgate, 2013), Available at SSRN: https://ssrn.com/abstract=3496679 or http://dx.doi.org/10.2139/ssrn.3496679

Roger O'Keefe (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

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