Houses of Parliament

International Treaties and Obligations

An overview of international law and practice on heritage

There are many international documents known by a variety of names. Some of these have legal force; others merely lead by example.

The most commonly used terms are 'conventions', 'recommendations' and 'charters':

Conventions are legal treaties binding on those who sign them
Recommendations are statements of best practice with the backing of the issuing body
Charters have no legal force but recommend best practice and doctrine and can have considerable influence

Dawn at Stonehenge with stones silhouetted as the sun's rays create long shadows and shafts of light on the frosty grass in the foreground.

Dawn at Stonehenge, World Heritage Site. © Historic England Archive. DP149786.

The 2 international governmental bodies most involved with the protection of cultural heritage are UNESCO and the Council of Europe. Both have developed a number of conventions:

UNESCO

1954 Hague Convention on the Protection of Cultural Property in times of conflict – First Protocol (1954) and Second Protocol (1999)

The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 was adopted as a result of the massive physical destruction suffered during the Second World War. It calls for a system of general and enhanced protection of cultural property in the event of international or non-international armed conflict. The convention was followed by 2 protocols (1954 and 1999).

The UK signed the Convention in 1954 and ratified it on 12 September 2017. The protection of cultural property in the event of armed conflict can be found in:

Implementation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict; its protocols and the Cultural Property (Armed Conflicts) Act 2017
Guidance on the Cultural Property (Armed Conflicts) Act 2017

1970 Paris Convention

Formally known as the Convention on the Means of Prohibiting the Illicit Import, Export and Transfer of Ownership of Cultural Property, its signatories promise to legislate to prevent the trade in illegally obtained cultural objects.

The UK signed the convention in 2002 and then passed the Dealing in Cultural Objects (Offences) Act 2003.

1972 World Heritage Convention

Formally known as the Convention concerning the Protection of the World Cultural and Natural Heritage, it was adopted by the United Nations Educational, Scientific and Cultural Organisation (UNESCO)in 1972.

The UK adheres to the convention as a member state of UNESCO. The convention defines cultural and natural heritage and sets out a framework for the identification and designation of cultural or natural heritage sites of 'outstanding universal value' as World Heritage Sites. In the UK, World Heritage Sites are considered designated heritage assets under the Levelling Up and Regeneration Act.

More detail is available on our World Heritage Convention page.

Council of Europe

1954 European Cultural Convention

Also known as the Paris Convention of 1954, its main relevant obligations are:

Development of the national contribution to the common cultural heritage of Europe (article 1)
Safeguarding objects of European cultural value placed under government control (article 5)
Ensuring reasonable access to such objects (article 5)

The UK has been a signatory since 1954.

1985 Granada Convention

Originally known as the European Charter of the Architectural Heritage, it later became the 'Convention for the Protection of the Architectural Heritage of Europe'.

It defines 'architectural heritage', and each signatory promises to maintain an inventory and to take statutory measures to protect such heritage. It also includes a promise to provide funding, within budgetary limitations, and to promote the general enhancement of the surroundings of groups.

Signatories (including the UK) also promise to adopt integrated conservation policies in their planning systems and other spheres of government influence that promote the conservation and enhancement of architectural heritage and the fostering of traditional skills.

1992 Valletta Convention on Protection of Archaeology

Formally known as the Convention for the Protection of the Archaeological Heritage of Europe, it was originally signed in London in 1969 but was revised in Valletta in 1992.

It defines archaeological heritage and the signatories promise to make and maintain an inventory of such heritage and to legislate for its protection. The emphasis is on protection of sites for future study, the reporting of chance finds, the control of excavations and the use of metal detectors.

Signatories (including the UK) also promise to allow the input of expert archaeologists into the making of planning policies and planning decisions.

2000 Florence European Landscape Convention

The European Landscape Convention (ELC) is a Council of Europe convention. It's been in force in the UK since 1 March 2007. The ELC promotes protection of landscapes, following the principles of sustainable development. It specifically includes within its scope the coastal waters and territorial seas of its ratifying states.

The ELC recognises the role of landscape as a basic component of cultural heritage and as an important contributor to quality of life. Its management is therefore a legitimate object of public interest. It also requires that landscape policies should be integrated with all areas of government policy.

The ELC defines landscape as: 'an area, as perceived by people, whose character is the result of the action and interaction of natural and/or human factors'. It also recognises the need for a territorially comprehensive approach, encompassing commonplace and poorly regarded landscapes as well as the rare and special.

The ELC obliges us to engage in understanding and managing our dynamic landscapes and seascapes everywhere, in ways that recognise their diversity and the complex interplays of cultural and natural forces that influence their perception.