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The 1972 World Heritage Convention - A Commentary (Hardcover)
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The 1972 World Heritage Convention - A Commentary (Hardcover)
Series: Oxford Commentaries on International Law
Expected to ship within 10 - 15 working days
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The World Heritage Convention (WHC) is the most comprehensive and
widely ratified among UNESCO treaties on the protection of cultural
and natural heritage. The Convention establishes a system of
identification, presentation, and registration in an international
List of cultural properties and natural sites of outstanding
universal value. Throughout the years the WHC has progressively
attained almost universal recognition by the international
community, and even the International Criminal Tribunal for the
Former Yugoslavia has recently considered sites inscribed in the
World Heritage List as "values especially protection by the
international community." Besides, the WHC has been used as a model
for other legal instruments dealing with cultural heritage, like
the recently adopted (2003) Convention on the Safeguarding of
Intangible Cultural Heritage. During its more than 30 years of
life, the Convention has undergone extensive interpretation and
evolution in its scope of application. Operational Guidelines,
which are the implementing rules governing the operation of the
Convention, have been extensively revised. New institutions such as
the World Heritage Centre, have been established. New links, with
the World Bank and the United Nations, have developed to take into
account the economic and political dimension of world heritage
conservation and management. However, many legal issues remain to
be clarified. For example, what is the meaning of "outstanding
universal value" in the context of cultural and natural heritage?
How far can we construe "universal value" in terms of
representivity between the concept of "World Heritage" and the
sovereignty of the territorial state? Should World Heritage reflect
a reasonable balance between cultural properties and natural sites?
Is consent of the territorial state required for the inscription of
a World Heritage property in the List of World Heritage in Danger?
What is the role of the World Heritage Centre in the management of
the WHC? No comprehensive work has been produced so far to deal
with these and many other issues that have arisen in the
interpretation and application of the WHC. This Commentary is
intended to fill this gap by providing article by article analysis,
in the light of the practice of the World Heritage Committee, other
relevant treaty bodies, as well as of State parties and in the hope
that it may be of use to academics, lawyers, diplomats and
officials involved in the management and conservation of cultural
and natural heritage of international significance.
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