Nested Boxes: Tangible Cultural Heritage and Environmental Protection in Light of Climate Change

Abstract

The international protection of tangible cultural heritage overlaps with that of the environment, ranging from the conservation of biodiversity to the prevention of desertification. Against this background, the phenomenon of climate change raises questions that challenge the fundamentals of the World Heritage Convention, which protects cultural heritage and interlinked natural heritage. Global warming critically affects cultural sites of outstanding universal value, such as the city of Venice, and depletes mixed cultural and natural sites inscribed on the World Heritage List, such as Tassili n'Ajjer. Arguably, the World Heritage Convention is lex specialis with respect to international environmental regulation as concerns localized adaptation and mitigation measures protecting sites of outstanding universal value. By contrast, environmental regulation, notably the UNFCCC regime as reviewed in Paris in December 2015, is lex specialis as concerns general mitigation and adaptation, systemically integrating the protection of tangible cultural heritage. This argument also applies to intangible cultural heritage, including a human rights perspective. In fact, the fundamental right to culture has been invoked in international jurisdictions to protect intangible heritage, but still remains lex generalis with respect to the UNFCCC regime. As in a set of nested boxes, such an interactive pattern outlines a basic paradigm to shape the broader intersection between the regulatory regimes protecting tangible cultural heritage and the environment in international law.