The legal concept of ‘heritage’ in the world heritage convention: The case of Yakushima, Island

Abstract

Abstract Yakushima Island (Yakushima) has been developed for eco-tourism, and it has been registered on the list of UNESCO world heritage (WH) sites. The inhabitants of Yakushima have derived great prosperity from their WH registration and are considered successful in Japan. In spite of the island’s strong economic growth due to tourism, there have been many social problems. The inhabitants, including tourist agencies and tour guides, are the primary agents of these social problems. In this paper, we explain that the causes of these social problems are rooted in a misinterpretation of the WH convention, especially the concept of ‘heritage’. We must define the meaning of ‘heritage’ and the related words in the convention. In doing this, it is necessary to introduce strictly defined legal terms from the civil law. In our civil law, the concept of ‘heritage’ is described as one concept, that is, joint-property or inheritance. Inheritance is owned jointly, and it consists of heirs and inheritance obligees, that is, all the peoples of the world. The inhabitants in Yakushima should recognize that they gave everyone from around the world the right to enjoy the naturale environment of their island after it was registered on the WH list.