Cultural heritage protection versus social and economic development: Where does customary international law stand?

States have the sovereign right to pursue their social and economic development, often involving urbanization, industrialization, infrastructure development, and tourism promotion. Regrettably, these endeavors frequently lead to destruction or damage to the authenticity and integrity of their cultural heritage. In light of this, one might wonder whether and to what extent, under customary international law, states’ right to development must be harmonized with the need to preserve their own cultural heritage for the benefit of future generations. The present contribution examines various elements of international practice, including treaty practice, resolutions of international organizations, national legislation, and states’ conduct in actual cases to determine the existence of a customary prohibition or clear limits on damaging cultural heritage for social and economic development. It also reflects more broadly on the international regime for protecting cultural heritage during peacetime and the ambiguous relationship between the World Heritage Convention and customary law.