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Rights–Values–Interests: The Conflict between World Cultural Heritage and Community: A Case Study of the West Lake Cultural Landscape Heritage in China

Author

Listed:
  • Jiancheng Lu

    (School of Architecture and Urban Planning, Nanjing University, Hankou Road No.22, Nanjing 210093, China)

  • Xiaolong Luo

    (School of Architecture and Urban Planning, Nanjing University, Hankou Road No.22, Nanjing 210093, China)

  • Peigang Zhang

    (School of Architecture and Urban Planning, Nanjing University, Hankou Road No.22, Nanjing 210093, China
    Jiangsu Institute of Urban Planning and Design, Caochangmen Road No.88, Nanjing 210036, China)

Abstract

The conflict between world cultural heritage and local communities is investigated by using the cultural landscape heritage of West Lake in China as a case study, and establishing an analytical framework of “Rights–Values–Interests” based on the property rights theory of the new institutional economics and the value and interest structure characteristics of cultural heritage. The conflict problem in the market environment is analyzed based on a theoretical explanation. An in-depth discussion of the framework and improvement of China’s protection institution is provided. We outline the following key points: First, the Chinese government “plundered” certain behavior rights and legitimate interests of community residents through the enactment of protection laws, leading to a conflict between the protection and community. Second, China’s laws lack a clear definition of the power and responsibility of the central and local governments with regard to protection actions, leading to vague positions of the government and exacerbating conflicts. Third, China’s protection laws are out of touch with the laws of private property rights. The root cause of the conflict is that the protection action only considers the protection law as the core but neglects the residents’ legal behavior rights. Finally, from the perspective of considering the residents’ legitimate interest demands, defining behavior rights boundaries, and strengthening administrative management, we propose to improve the protection institution in order to achieve the harmonious integration of heritage protection and local communities, and we call for a greater focus on the legitimate interests or survival rights of ordinary Chinese community residents.

Suggested Citation

  • Jiancheng Lu & Xiaolong Luo & Peigang Zhang, 2019. "Rights–Values–Interests: The Conflict between World Cultural Heritage and Community: A Case Study of the West Lake Cultural Landscape Heritage in China," Sustainability, MDPI, vol. 11(17), pages 1-17, August.
    • Handle: RePEc:gam:jsusta:v:11:y:2019:i:17:p:4560-:d:259877
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    References listed on IDEAS

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    1. Qun Liu & Zhaoping Yang & Fang Wang, 2017. "Conservation Policy-Community Conflicts: A Case Study from Bogda Nature Reserve, China," Sustainability, MDPI, vol. 9(8), pages 1-15, July.
    2. Iorio, Monica & Wall, Geoffrey, 2012. "Behind the masks: Tourism and community in Sardinia," Tourism Management, Elsevier, vol. 33(6), pages 1440-1449.
    3. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    4. Jun Zhang & Yuan Gao, 2008. "Term limits and rotation of Chinese governors: do they matter to economic growth?," Journal of the Asia Pacific Economy, Taylor & Francis Journals, vol. 13(3), pages 274-297.
    5. Fang Han & Zhaoping Yang & Hui Shi & Qun Liu & Geoffrey Wall, 2016. "How to Promote Sustainable Relationships between Heritage Conservation and Community, Based on a Survey," Sustainability, MDPI, vol. 8(9), pages 1-11, September.
    6. Furubotn, Eirik G & Pejovich, Svetozar, 1972. "Property Rights and Economic Theory: A Survey of Recent Literature," Journal of Economic Literature, American Economic Association, vol. 10(4), pages 1137-1162, December.
    7. Lichfield,Nathaniel, 2009. "Economics in Urban Conservation," Cambridge Books, Cambridge University Press, number 9780521105309, January.
    8. North, Douglass C., 1971. "Institutional Change and Economic Growth," The Journal of Economic History, Cambridge University Press, vol. 31(1), pages 118-125, March.
    9. Wang, Hui & Yang, Zhaoping & Chen, Li & Yang, Jingjing & Li, Rui, 2010. "Minority community participation in tourism: A case of Kanas Tuva villages in Xinjiang, China," Tourism Management, Elsevier, vol. 31(6), pages 759-764.
    10. Qing Lin & Zheng Lian, 2018. "On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective," Sustainability, MDPI, vol. 10(12), pages 1-19, November.
    11. Wang, Yi & Bramwell, Bill, 2012. "Heritage protection and tourism development priorities in Hangzhou, China: A political economy and governance perspective," Tourism Management, Elsevier, vol. 33(4), pages 988-998.
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