Abstract
In thinking about the rise of the Anthropocene, an important facet of this looming new era remains under-explored: namely, how cultural identity, and its tangible and intangible markers, are to be renegotiated and protected. Notwithstanding that the origins of international heritage law lie in protecting heritage in times of crisis (wartime and natural or man-made disasters), regimes under UNESCO for safeguarding cultural heritage in international law are ill-prepared for the challenges of the Anthropocene. A particular question that needs to be considered is the protection in international law of cultural heritage and identity when communities are displaced from their homes. Because international cultural heritage law is connected to state territoriality, states have the ultimate authorizing power over the meanings and uses of cultural heritage. In the past, this power has at times been used to the detriment of minority groups contesting the majoritarian state. But how might this power play out in a context where communities are forced to move? What, if anything, can international heritage law do to ensure that these populations, who have already lost their homes and livelihoods, can maintain their cultural identity through the protection of their heritage? I argue that international law’s separation between the cultural and biological facets of human existence presents a major obstacle to safeguarding the cultures of migrant and refugee groups, ultimately frustrating the very objectives that this separation was meant to achieve, namely, the protection of these populations. Only by reintegrating biology and culture can international law create the means for reimagining civilization in the Anthropocene.
Highlights
The rise of the Anthropocene draws increasing attention in the social sciences more generally
This power has at times been used to the detriment of minority groups contesting the majoritarian state. How might this power play out in a context where communities are forced to move? What, if anything, can international heritage law do to ensure that these populations, who have already lost their homes and livelihoods, can maintain their cultural identity through the protection of their heritage? I argue that international law’s separation between the cultural and biological facets of human existence presents a major obstacle to safeguarding the cultures of migrant and refugee groups, frustrating the very objectives that this separation was meant to achieve, namely, the protection of these populations
Thinking about international law’s relationship to culture and cultural heritage more broadly, we have that international cultural heritage law, and the imperative of safeguarding the culture of migrant and refugee groups, helps us understand the artificiality of the ties between international legal rights and obligations to territory
Summary
The rise of the Anthropocene draws increasing attention in the social sciences more generally. I wish to focus on one aspect of the international legal response to the Anthropocene in the context of the culture-biology gap. In the context of forced movement, I argue that international law’s separation between the cultural and biological facets of human existence presents a major obstacle to safeguarding the cultures of migrant and refugee groups, frustrating the very objectives that this separation was meant to achieve, namely, the protection of these populations. For international law more generally, bridging the gap means international legal responses that move beyond the short-sighted immediacy of our perception of a crisis, bringing along better outcomes for affected human groups, and a reimagining of how we perceive threats posed to our existence not just as biological entities, but as a civilization.
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