Abstract
Chapter 3 sets out the contemporary international legal context, as well as the rationale, for landscape protection in international law. In particular, it draws three distinct lines of normative development in international law relevant for landscape protection. The first links the principles of common heritage, common concern, and common goods; the second discusses the cultural heritage of humankind, and the third focuses on environmental protection and sustainable development. It is argued that the international legal order as traditionally conceived has undergone substantial changes in recent years and that these developments alter the traditional notion of sovereignty: states now have an obligation to safeguard the environment and elements of the cultural heritage for the benefit of humankind, including future generations. This chapter argues that any consideration of landscape protection in international law must necessarily consider this paradigm shift.
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