World Natural Heritage - Kerstin Odendahl - Oxford Public International Law

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World Natural Heritage - Kerstin Odendahl - Oxford Public International Law
World Natural Heritage
                                        Kerstin Odendahl

                                        Content type: Encyclopedia entries
                                        Product: Max Planck Encyclopedias of International Law
                                        [MPIL]
                                        Module: Max Planck Encyclopedia of Public International
                                        Law [MPEPIL]
                                        Article last updated: August 2015

  Subject(s):
  Regional co-operation — Cultural property / heritage
  Published under the auspices of the Max Planck Institute for Comparative Public Law and International
  Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020).

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date:
14 March 2021
A. Definition
  1 The notion of ‘world natural heritage’ forms part of a double-tracked legal concept set
  forth by the World Heritage Convention (WHC) of 1972. The second part of the concept is
  the ‘world cultural heritage’ (→ Cultural Heritage) which forms part of cultural property.
  Consequently, the WHC stands at the crossroads of the international protection of culture
  and nature (→ Nature, International Protection).

  2 Worldwide efforts to protect sites of universal importance arose mainly from two events
  (Francioni 15; O’Keefe and Prott 77). The first event was the decision of the Egyptian
  government in 1946 to build the Aswan High Dam and to flood the valley as well as the
  famous temples at Abu Simbel and Philae. Thanks to an international campaign launched by
  the → United Nations Educational, Scientific and Cultural Organization (UNESCO) the
  monuments could be saved by relocating them to a higher ground in 1964 and 1968. The
  other event was the raging flood that destroyed and severely damaged large parts of the
  cultural property of the cities of Florence and Venice in 1966. Both events inspired
  UNESCO to present a Preliminary Draft Convention concerning the Protection of
  Monuments, Groups of Buildings and Sites of Universal Value in 1971. In the same year, the
  International Union for Conservation of Nature (IUCN) elaborated a draft convention on the
  protection of natural sites (Brown Weiss 94). The two drafts were harmonized to represent a
  single convention aiming at the protection of both cultural and natural heritage of
  ‘outstanding universal value’. The idea to combine the protection of culture and nature is
  mainly a result of the US initiative to create a World Heritage Trust in the 1960s (Batisse
  and Bolla 17). The WHC is the only global, legally binding instrument that offers such a
  combined protection. As of August 2015, it has been ratified by 191 States Parties.

  3 According to Art. 2 WHC the following is considered as ‘natural heritage’: (a) natural
  features consisting of physical and biological formations or groups of such formations,
  which are of outstanding universal value from an aesthetic or scientific point of view; (b)
  geological and physiographical formations and precisely delineated areas which constitute
  the habitat of threatened species of animals and plants of outstanding universal value from
  the point of view of science or conservation; (c) natural sites or precisely delineated natural
  areas of outstanding universal value from the point of view of science, conservation, or
  natural beauty. The enumeration shows that only immovable elements of nature (features,
  formations, areas, and sites) as well as habitats (van Heijnsbergen 26–27) fall within the
  scope of the WHC.

  4 According to Art. 11 (5) WHC the criteria for evaluating the ‘outstanding universal value’
  of a natural property are defined by the Intergovernmental Committee for the Protection of
  the World Cultural and Natural Heritage (‘Committee’). They are to be found in the
  Operational Guidelines. In order to be considered as being of outstanding universal value, a
  natural property must fulfil the following requirements: it has to (1) meet one or more of
  the ten criteria set forth in the Operational Guidelines; (2) meet the conditions of integrity
  and/or authenticity; and (3) have an adequate protection and management system to ensure
  its safeguarding (Operational Guidelines paras 77–119). The ten criteria mentioned above
  have been amended by the Committee over time (Redgwell 68 et seq) and were formerly
  presented as two separate sets: six criteria for cultural heritage and four criteria for natural
  heritage. Still, only four of the ten criteria are applicable to natural heritage. They currently
  read as follows: the property must either (a) contain superlative natural phenomena or
  areas of exceptional natural beauty and aesthetic importance; (b) be an outstanding
  example representing major stages of earth’s history, including the record of life, significant
  on-going geological processes in the development of landforms, or significant geomorphic
  or physiographic features; (c) be an outstanding example representing significant on-going
  ecological and biological processes in the evolution and development of terrestrial, fresh

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water, coastal and marine ecosystems, and communities of plants and animals; or (d)
  contain the most important and significant natural habitats for in-situ conservation of
  biological diversity, including those containing threatened species of outstanding universal
  value from the point of view of science or conservation (Operational Guidelines para. 77
  (vii)–(x)).

  5 If a property meets both the criteria of a ‘world natural’ and a ‘world cultural heritage’, it
  will be attributed the status of a ‘mixed cultural and natural heritage’ (Operational
  Guidelines para. 46). The so-called ‘cultural landscapes’, a new category developed by the
  Committee in the 1990s, represent the ‘combined works of nature and of man’ designated
  in Art. 1 (3) WHC (Operational Guidelines para. 47 and Annex 3). Therefore, they form part
  of the world cultural heritage (Phillips 6 et seq). A natural property becomes a ‘world
  natural heritage’, a ‘mixed cultural and natural heritage’, or a ‘cultural landscape’
  belonging to the world cultural heritage at the moment of inscription on the World Heritage
  List. The procedure for the inclusion of a property in the list and the legal consequences are
  the same for both cultural and natural heritage.

  B. Inclusion in the World Heritage List
  1. Procedure
  6 The governing structure of the WHC consists of the General Assembly and the
  Committee. The General Assembly includes all States Parties and meets every two years.
  The main body, however, is the Committee consisting of 21 Member States (Art. 8 (1) WHC)
  which meets annually. It is assisted by the World Heritage Centre, established in 1992,
  which acts as secretariat (O’Keefe and Prott 78; Vrdoljak 246). The Committee is
  responsible for establishing, keeping up to date, and publishing the World Heritage List and
  the List of World Heritage in Danger (Art. 11 (2) and (4) WHC), defining and continually
  developing the criteria for an inclusion of a property in either of the lists in the Operational
  Guidelines (Art. 11 (5) WHC), and deciding on requests for international assistance (Art. 13
  WHC). Furthermore, it plays a key role in the implementation of the WHC.

  7 The World Heritage List and the procedure of inclusion are laid down in Art. 11 WHC and
  the Operational Guidelines paras 120 et seq (Scovazzi 157 et seq). Every State Party can
  submit to the Committee an inventory of the cultural or natural heritage, situated on its
  territory, which the State considers being of outstanding universal value. This ‘Tentative
  List’ contains all properties that a State Party may decide to submit for inscription in the
  next five to ten years. It is up to the State Party to decide when to select a property from its
  Tentative List and to present it for nomination. The World Heritage Centre assists the
  States Parties in preparing the nomination file. The file has to contain all relevant
  information and documentation to enable the Committee to evaluate the outstanding
  universal value of a property. If the criteria and the conditions of integrity are met, but the
  qualities of the property are threatened by the action of man, the State Party shall submit
  an action plan outlining the corrective measures and indicating the time needed to
  implement them. The file shall be sent to the International Council of Monuments and Sites
  (ICOMOS) and IUCN which act as Advisory Bodies to the Committee (Vrdoljak 261 et seq).
  After the evaluation process is completed, it is up to the Committee to decide. The decision
  to inscribe a property on the World Heritage List requires the consent of the State Party
  concerned. But the Committee may also decide to refer the nomination back to allow the
  State Party to provide additional information, to defer a nomination for more in-depth
  assessment or study, or a substantial revision by the State Party, or even decide not to
  include a property in the list. However, before refusing a request, the Committee has to
  consult the State Party. All decisions are taken by a majority of two-thirds of the Committee

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date:
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members present and voting. As of August 2015, the World Heritage List included 1,031
  properties (802 cultural, 197 natural, and 32 mixed properties) in 163 States Parties.

  8 In order to identify and fill the major gaps in the list, the Committee adopted the Global
  Strategy for a Representative, Balanced and Credible World Heritage List in 1994
  (Operational Guidelines paras 55 et seq). Initially, the Strategy was developed for cultural
  heritage only. Later, it was expanded to be applied to natural heritage and ‘mixed’ heritage
  as well. The Strategy asks States Parties whose heritage is already well represented on the
  list to slow down their rate of submission of further nominations. States Parties whose
  heritage of outstanding universal value is under-represented are encouraged to present
  more nominations. The Committee has set at 45 the annual limit on the number of
  nominations to be reviewed, giving priority not only to nominations submitted by under-
  represented States but also to nominations of natural heritage.

  2. Legal Consequences
  9 The WHC lays down a number of duties and rights. Most of them refer to cultural and
  natural heritage as defined in Arts 1 and 2 of the WHC. Once a property is inscribed on the
  World Heritage List, however, further obligations and rights arise.

  10 Most duties are incumbent on the States Parties on whose territories cultural or natural
  heritage as defined in Arts 1 and 2 of the WHC is situated. All States Parties to the WHC
  have the duty laid down in Art. 4 of ensuring the identification, protection, conservation,
  presentation, and transmission to future generations of the cultural and natural heritage
  situated on their territory, whether or not any parts of the heritage are on the World
  Heritage List (Carducci 109; Lenzerini 205). The measures to be taken in order to comply
  with this obligation erga omnes partes (O’Keefe 202 et seq) include, inter alia, the adoption
  of appropriate legal instruments, the integration of the protection of the natural heritage
  into comprehensive planning programmes, the creation of specialized services, the
  development of scientific and technical studies and research, and the establishment of
  training facilities (Art. 5 WHC). The exact scope of these provisions is difficult to determine.
  In the Tasmanian Dam case (Commonwealth v Tasmania) of 1983, however, the High Court
  of Australia decided that Arts 4 and 5 WHC impose legal obligations on States Parties, even
  though the language of these provisions gives large discretion to States Parties as to the
  concrete steps to take (Lyster 222 et seq; O’Keefe and Prott 79 et seq). Once a property is
  inscribed on the World Heritage List, the State Party has the additional obligation to accept
  the ‘Reactive Monitoring’ by the Committee.

  11 But not only States Parties on whose territories natural and cultural heritage is situated
  assume duties. The other States Parties recognize that the heritage mentioned in Arts 1 and
  2 WHC, whether or not it is on the World Heritage List, constitutes a world heritage for
  whose protection it is the duty of the international community as a whole to cooperate (Art.
  6 (1) WHC). Furthermore, they commit themselves to take no deliberate measures which
  might damage directly or indirectly cultural or natural heritage situated on other States’
  territory (Art. 6 (3) WHC). The provision has an extremely broad scope (Lyster 228). Once a
  cultural or natural heritage is inscribed on the World Heritage List, a further duty arises:
  States Parties undertake to give their help in its identification, protection, conservation, and
  presentation if the State on whose territory it is situated so requests (Art. 6 (2) WHC).

  12 Most of the rights provided for by the WHC arise at the moment of inclusion of a
  property on the World Heritage List. They refer to the State Party on whose territory the
  property is situated. First, the State is entitled to use the World Heritage Emblem, adopted
  by the Committee in 1978, in order to identify the property (Operational Guidelines paras
  258 et seq). Second, it may request international assistance to secure the identification,
  protection, conservation, presentation, or rehabilitation of the property (Arts 13, 19, et seq

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date:
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WHC; Operational Guidelines paras 233 et seq). Under special circumstances international
  assistance may also be available for natural properties which are not (yet) inscribed on the
  World Heritage List (Operational Guidelines para. 233; Lenzerini 205). International
  assistance is primarily financed by the World Heritage Fund (Arts 15 et seq WHC;
  Operational Guidelines paras 223 et seq). The total budget of the World Heritage Fund
  comprised about US$ 5 million during the biennium 2014–2015. However, only about 25%
  of the sum could be used for conservation of World Heritage sites, public awareness, and
  capacity-building in States Parties. The other 75% was needed to finance the work of the
  Advisory Bodies. The total budget of the World Heritage Fund has steadily declined
  (UNESCO ‘Report on the Execution of the Budget for the Biennium 2014–2015 and
  Preparation of the Budget for the Biennium 2016–2017’). As a general rule, the State Party
  being assisted has to bear the majority of the costs. International assistance is, therefore,
  only considered as a complementary instrument. The Committee decides upon the
  allocation of the funds according to the urgency of requests (Lemaistre and Lenzerini 310 et
  seq).

  C. Inclusion in the List of World Heritage in Danger
  1. Procedure
  13 A world heritage site which is jeopardized by serious and specific danger, for the
  conservation of which major operations are necessary and for which assistance has been
  requested, may be placed on the List of World Heritage in Danger (‘Red List’), by the
  Committee (Art. 11 (4) WHC; Operational Guidelines paras 177 et seq). Serious and specific
  dangers include the threat of disappearance caused by accelerated deterioration; large-
  scale public or private projects or rapid urban or tourist development projects; destruction
  caused by changes in the use or ownership of the land; major alterations or abandonment
  for any reason; the outbreak or the threat of an armed conflict; calamities and cataclysms;
  serious fires, earthquakes, landslides; volcanic eruptions; changes in water level, floods,
  and tidal waves (Art. 11 (4) WHC).

  14 When considering the inscription of a property on the Red List, the Committee consults
  the State Party concerned in order to develop a programme for corrective measures. For
  this purpose, the Committee may even send observers from the relevant Advisory Bodies to
  visit and evaluate the property. If the Committee decides to inscribe the property on the
  Red List, it defines a programme of corrective action to be taken and presents it to the
  State Party concerned for immediate action. The Committee may decide on the inscription
  of a property on the Red List at any time. The consent of the State Party in question is not
  required (Zacharias 41). In case of ‘urgent need’ the Committee is even empowered to
  inscribe a property on the Red List without a previous request for assistance from the State
  Party concerned. The Committee may decide simultaneously on the inscription of a new
  property on the World Heritage List and on the Red List, as happened in the case of the
  Bamiyan Valley in Afghanistan, in 2003. Often, inscriptions on the Red List lead to
  controversies, as was the case with the Everglades in the US or Mount Nimba located on
  the borders of Guinea, Liberia, and Côte d’Ivoire (for examples of inscriptions on the Red
  List which proved controversial see Buzzini and Condorelli 192 et seq). By August 2015, the
  Red List included 48 properties (30 cultural and 18 natural properties). All properties are
  inscribed both on the World Heritage List and on the Red List.

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2. Legal Consequences
  15 The inscription of a property on the Red List gives rise to new rights and obligations of
  the State Party on whose territory the property is located. The right to request international
  assistance and receive financial support from the World Heritage Fund is strengthened.
  Properties inscribed on the Red List are given priority by the Committee (Operational
  Guidelines para. 236). It can provide immediate assistance and alert the international
  community. In most cases this ‘emergency call’ leads to supplementary assistance provided
  by single States, international organizations, or private entities. As an obligation, the State
  Party has to accept a regular review of the state of conservation of the property in question
  including monitoring procedures and expert missions (Operational Guidelines para. 190).
  They serve as a basis for the Committee’s further decisions.

  16 If the measures have been successful and the property is no longer under threat, the
  Committee decides to remove the property from the Red List. If the recommended
  measures prove to be insufficient, the Committee may recommend additional ones. If the
  state of conservation deteriorates dramatically, the Committee may even decide to delete
  the property from both the Red List and the World Heritage List (Operational Guidelines
  para. 191).

  3. Deletion of Properties from Both the Red List and the World
  Heritage List
  17 The possibility of deleting a property from both the Red List and the World Heritage
  List is not expressly provided for by the WHC. Nevertheless, such a possibility has to be
  considered as inherent to the spirit of the convention (Buzzini and Condorelli 197). The
  Committee has indeed established a delisting procedure. In cases (a) where a property has
  deteriorated to the extent that it has lost those characteristics which determined its
  inclusion in the World Heritage List; or (b) where the intrinsic qualities of a world heritage
  site were already threatened at the time of its nomination by the action of man and where
  the necessary corrective measures, as outlined by the State Party at the time, have not been
  taken within the time proposed, the Committee can decide to delete a property from the
  World Heritage List (Operational Guidelines para. 192). In this case, the property loses its
  status as a world heritage site. Before taking such a decision the Committee has to consult
  the State Party concerned. It may decide to previously include the property in the Red List.
  This step, however, does not constitute a necessary condition (Buzzini and Condorelli 199).

  18 The first delisting procedure took place in July 2007. At its 31st session in Christchurch,
  New Zealand, the Committee decided to delete the Arabian Oryx Sanctuary in Oman from
  the World Heritage List. Oman had reduced the size of the protected area by 90%. Between
  1996 and 2007 the population of the Arabian Oryx had been reduced from 450 to 65 with
  only about four breeding pairs. These events were considered by the Committee as
  destroying the outstanding universal value of the site. No other world natural heritage site
  has been delisted since then.

  19 The possibility of removing a property from the World Heritage List acts as the last
  incentive to compliance with the WHC and constitutes the only ‘sanction’ at the disposal of
  the Committee.

  D. Mechanisms of Implementation

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20 Implementation of the WHC in order to ensure effective protection of the world natural
  heritage, and thus prevent a property from being deleted from the World Heritage List as a
  last resort, is a key challenge. Several mechanisms have been enshrined in the WHC as well
  as in the Operational Guidelines to this end. Furthermore, new initiatives intended to
  broaden implementation efforts have been developed.

  1. Reporting and Monitoring
  21 The WHC lays down the obligation of States Parties to submit regular reports to the
  UNESCO General Conference about the legislative, administrative, and other measures
  which they have adopted for the application of WHC, together with details of the experience
  they acquired (Art. 29 (1) WHC). This provision, however, was considerably neglected
  during the first 15 years after the entry into force of the WHC in 1975. There was not an
  established reporting system, and the quality of reports varied enormously. Many countries
  did not even report at all (Brown Weiss 105).

  22 As a consequence, important efforts to introduce effective mechanisms for reporting
  and monitoring were made (Van Hoof 32 et seq). Today, the system is based on two
  procedures: Periodic Reporting (Operational Guidelines paras 199 et seq) and Reactive
  Monitoring (Operational Guidelines paras 169 et seq).

  23 The duty of the States Parties to submit regular reports according to Art. 29 WHC was
  strengthened and systematized in 1997. The Committee introduced a section on Periodic
  Reporting in the Operational Guidelines after having decided on the aims, the format, and
  the timetable for its implementation. One important characteristic of the system is its
  regional approach (Operational Guidelines para 203 c): countries from the same region
  have to report at the same time, and the results are later evaluated in an overarching
  regional report. The first cycle of periodic reporting started in 2000 and ended in 2006. The
  reports consisted of two sections: one on the implementation of the WHC in general and
  one on the state of conservation of each world heritage site (Operational Guidelines para
  206). Even if the system still showed some limitations (World Heritage Centre ‘Challenges
  for the Millennium’ 46), the experience of this first cycle was much more convincing than
  previous attempts on reporting since States Parties could rely on a comprehensive
  procedure and participated more actively. After a reflection and evaluation pause on World
  Heritage Periodic Reporting (Operational Guidelines para. 205), the second cycle started in
  2008 and ended in 2015.

  24 The second measure to improve implementation of the WHC concerned monitoring. In
  1992, the Committee adopted Strategic Guidelines emphasizing monitoring and
  compliance. In 1995, it added a new section to the Operational Guidelines on Reactive
  Monitoring (Operational Guidelines paras 169 et seq). If exceptional circumstances occur or
  the State Party has the intention to undertake or authorize work which may have an effect
  on the state of conservation of the property, it has to inform the Committee, which will then
  start a review and consultation process in order to prevent serious damage to the property.
  Reactive Monitoring is defined as the reporting by the Secretariat, other sectors of
  UNESCO, and the Advisory Bodies to the Committee on the state of conservation of specific
  world heritage properties that are under threat (Operational Guidelines para. 169). These
  reports may concern alleged problems of protection, management, and conservation which
  UNESCO or the Advisory Bodies have been informed about by States Parties, NGOs,
  individuals, or the media (World Heritage Centre ‘Challenges for the Millennium’ 42).
  Reactive Monitoring is also foreseen in reference to properties inscribed, or to be inscribed,

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on the List of World Heritage in Danger and with regard to the eventual deletion of
  properties from the World Heritage List.

  2. Recent Initiatives
  25 In recent years, several new initiatives with regard to the implementation of the WHC
  have been launched. A very important one relates to education and, therefore, to the duty
  laid down in Art. 27 (1) WHC. Efforts to mobilize young people for world heritage have been
  massively intensified since 1994 (World Heritage Centre ‘Mobilizing Young People for World
  Heritage’). The relevant activities are coordinated within the UNESCO Young People’s
  World Heritage Education Programme (‘WHE Programme’). The introduction of a World
  Heritage Education Kit was one of the flagship projects in this context. Another one was the
  creation of the World Heritage Youth Forum in 1995. In order to allow young people to meet
  and to engage actively in the process of securing and enhancing their World Heritage, more
  than 34 fora have so far been organized at the international, regional, and national levels.
  The international fora are usually held prior to the annual sessions of the World Heritage
  Committee.

  26 Another initiative concerns the institutional framework. The regional dimension of the
  implementation procedure has been continually strengthened with the help of new regional
  centres. Starting in 2007, UNESCO has established eight ‘Category 2 Centres’, which offer
  capacity building within the World Heritage context. They are not legally part of UNESCO;
  they are associated with the organization through formal arrangements. The most recent
  centre was founded in 2014 in India, the Centre on World Natural Heritage Management
  and Training for Asia and the Pacific Region. The regional centres assist and support States
  Parties in the implementation of the WHC in their territories.

  27 There are also initiatives aiming at the involvement of the private sector. In 2002, the
  Committee set up the World Heritage Partnerships for Conservation Initiative (‘PACT’). The
  purpose of this initiative is to mobilize (additional) sustainable resources for the
  conservation of world heritage, but also to foster a dialogue, an exchange, and an
  interaction between different stakeholders (Gillespie 180). In 2013, the Committee adopted
  a Revised PACT Initiative Strategy.

  28 Finally, regular publications of the World Heritage Centre try to increase awareness and
  promote knowledge. One example for strengthening the protection of natural heritage is
  the Natural Heritage Strategy, published by the World Heritage Centre in 2006. It contains
  all relevant guiding principles, mission statement, strategic orientations, and working
  methods relating to natural heritage.

  E. Evaluation and Perspectives
  29 The WHC and, therefore, the protection of the world natural heritage, is characterized
  by many exceptionally positive aspects. The WHC was the first treaty to adopt a holistic
  approach to nature and culture (Francioni 16–17; Rössler). It has become one of the most
  respected and best-known international protection mechanisms. It has thus helped to raise
  the visibility of exceptional cultural and natural sites. An inscription on the World Heritage
  List has a positive impact both on the protection of the site and on tourism. Large number
  of visitors, however, may also contribute to the degradation of a landscape (for details on
  the relationship between tourism and protection/sustainability see Luger and Wöhler;
  Harrison and Hitchcock).

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30 The guiding principle of the WHC is the idea that certain properties under the
  sovereignty of a State are of outstanding universal value and, therefore, need to be
  preserved as part of the heritage of mankind. Whilst the sovereignty of the State on whose
  territory the cultural or natural heritage is situated is fully respected, the State concerned
  has the main obligation to preserve it. But if the State is not able to cope with this
  obligation on its own, the international community as a whole has to assist if the property is
  inscribed on the World Heritage List. The legal concept is thus modelled upon a trust or a
  mandate exercised in the interest of mankind as a whole (Kiss and Shelton 336).

  31 Furthermore, the WHC was the first convention to create a system of providing
  international financial aid for nature conservation measures (Sand 43). So far, this
  mechanism has proven to be quite successful. One example of a success story concerning a
  world natural heritage site is the Ngorongoro Conservation Area in Tanzania, a huge crater
  with the world’s largest concentration of wild animals, which was inscribed on the Red List
  in 1984. In only five years, thanks to international technical cooperation, the situation
  improved, and the area was deleted from the Red List.

  32 But the protection provided by the WHC also shows some deficiencies (Francioni 29 et
  seq; Zacharias 46–47). One weakness is the lack of a mechanism to control the decisions of
  the Committee. States Parties have to accept its (negative) decisions; there is no possibility
  of a judicial or administrative review (Litton 247 et seq). Most of the deficiencies of the
  WHC, however, are a result of the strong respect for national sovereignty. Both the
  inscription on the World Heritage List and the granting of international assistance need the
  request and the consent of the State Party concerned. Without a State’s initiative neither
  the Committee nor the international community are able to act. As a consequence, it has
  proved almost impossible, for example, to inscribe a property located on a territory,
  sovereignty over which is claimed by more than one State, even though Art. 11 (3) WHC
  was elaborated for exactly this case. Furthermore, the WHC cannot be applied to sites
  situated in areas beyond national jurisdiction, like the Polar Regions (Dingwall 187 et seq)
  or the international marine areas, since no State Party can submit a request for inscription.

  33 The main weakness of the WHC, however, is the lack of legally binding enforcement or
  sanction mechanisms. There is no possibility of preventing a State from neglecting or even
  destroying a world heritage site situated on its territory. The only mechanism, established
  by the Committee, is the procedure to delete a property both from the Red List and the
  World Heritage List and, thus, to withdraw the status of a world heritage. Sometimes, this
  mechanism seems to be a quite effective ‘threat’ which incites the States to react.
  Unfortunately, it does not always work. So far, one world natural heritage (Arabian Oryx
  Sanctuary in Oman) and one world cultural heritage (the Dresden Elbe Valley) have been
  deleted from the World Heritage List. The warnings and the efforts of the Committee to
  prevent the States in question from further deteriorating the site, therefore, did not lead to
  a positive result.

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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date:
14 March 2021
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