Cultural heritage is a precious legacy of our ancestors, which has shaped and continues to shape the cultural identity of human societies worldwide. It is a fundamental source of inspiration and pride that can empower people to cope with current challenges, to face up to threats, and to design their own futures. It is therefore crucial to ensure that cultural heritage can continue to serve as a source of knowledge, culture, and identity.
The term ‘cultural heritage’ encompasses both tangible and intangible manifestations of a society, from its historical buildings and art collections to its traditional way of life. Tangible cultural heritage includes monuments of historical or architectural value, such as temples and castles; archaeological sites (burial grounds, places of worship, and settlements); artifacts that represent past cultures (tools, pottery, clothing, and jewelry); and other physical assets such as landscapes with natural heritage. Intangible cultural heritage, on the other hand, refers to non-physical aspects of a community’s culture that are not easily captured in the form of material objects or artifacts: traditions, beliefs, values, languages, folklore, and cuisine.
It is a complex and difficult task to preserve heritage, because of the many factors that can contribute to its loss. Benign neglect, devastating accidents, major natural disasters, and even the effects of climate change can cause significant damage to heritage, ranging from the destruction of historic buildings or museums to the disappearance of cultural traditions in living communities. The purposeful actions of nonstate armed groups, militias, and despotic governments can cause losses that are even more severe, as they destroy heritage with the aim of destroying a community’s identity, and even its existence.
These factors highlight the importance of ensuring that heritage is protected and preserved in a safe haven, so that it can be accessible to people around the world. In addition to its intrinsic value as a source of history and identity, it is also important for the economy, as it provides opportunities for tourism and promotes economic development in the countries that protect their cultural heritage.
The concept of protecting cultural heritage for future generations is a guiding principle for international law. It is recognized in both hard and soft instruments, at the treaty and case law levels. Despite this, the meaning and content of these references to future generations remains vague and fragmentary.
The reason for this is that the notion of a future generation is a highly contested one, especially as cultural boundaries are increasingly becoming less and less defined. The influence of other cultures on each other’s work, whether in the form of Japanese prints on Paul Gauguin’s paintings or neoclassical architecture on Liberian homes built by freed African-American enslaved persons, demonstrates how much we can learn from each other despite our differences. This is why the notion of the “future generation” has become such a pervasive part of international law. However, this approach does not provide sufficient clarity to allow us to define what is meant by it and how it should be implemented at the global level.