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This article explores international investment disputes concerning sites inscribed on the UNESCO World Heritage List, with a special focus on the ICSID tribunal award concerning Le Morne Brabant in Mauritius. It analyses the encounter between international investment law and the World Heritage Convention from both perspectives and examines the collision taking place between the two legal regimes in light of the theory of fragmentation of international law. After unpacking key lessons from international arbitrations concerning World Heritage, the article concludes by suggesting ways in which participants in the Convention could engage with the question of investment protection within their regime should they so choose. [ABSTRACT FROM AUTHOR]

The convention concerning the protection of the world cultural and natural heritage, or the World Heritage Convention (1972), is now considered the most remarkable international tool to protect and identify the shared heritage of humans. Inscription of a site on the World Heritage List is a function of regulations that are specified by the 1972 World Heritage Convention and its operational guidelines. According to the convention, the member states selected sites within their geographical expanse as nominees to enter the world heritage list according to the regulations of the convention. In the years that followed the formation of the convention, the increasing influence of politics made many countries see the world heritage list as a tool to achieve their political, economic, and cultural goals. Thus, the selection of the sites is now a function of multiple factors that make the process of inscription complicated and, in some cases, costly. The present study aimed to answer the following question: "What factors influence the selection of site processes for inscriptions on the world heritage list?" The goal was to identify the explicit and implicit factors so that more successful and cost-effective decisions could be taken from a domestic policy perspective. As a result, the influential components were identified and explained by a descriptive-analytical investigation of the texts related to the convents and a select group of 10 countries with distinguished performance in the process using content analysis, and their relationships were interpreted. Investigations showed that the factors that influenced the process were placed in three layers: the central layer was the requirements of the convention, the middle layer was the constraints of inscription, and the prioritized themes, and the external layer was the factors that influenced the method of selection adopted by countries that included items ranging from their governmental structure to their macroscale policies in the international arena (among others). [ABSTRACT FROM AUTHOR]

There are a number of thoughtful analyses on how the World Heritage Convention has progressed, notably by Jukka Jokelhito, and by Christina Cameron and Mechtild Rössler. They explain the principles on which the World Heritage Convention was based. It concerns the common heritage of the world’s most significant places – we would all be poorer if we lost them. This paper concerns the ideas we adopt in our dealings on landscape. The subject of cultural landscapes has been a latecomer in World Heritage terms. It is not a closely defined subject like, say, ecclesiastical architecture, and it has connections to many other subjects. Adjacent to many, it is defined by none. It still occupies a slightly detached column at the edge of the world heritage spreadsheet. It is not this paper’s intention to claim that the cultural landscapes community has been the initiator of fundamental ideas, but it has been touched by many from within and outside the World Heritage system, and in some cases has been instrumental in bringing about fresh thinking and change.

The 1972 World Heritage Convention is the most universal legal instrument in heritage conservation with 194 States Parties, more than 1000 natural and cultural heritage sites protected for their Outstanding Universal Value and a well-established system of monitoring and reporting. It is therefore a great pleasure for me to celebrate the achievements of this unique Convention with stakeholders. At the same time a number of challenges in terms of policy and practice have to be discussed and addressed and I will share with you my reflections of 30 years working within the World Heritage system. This is also unique and brings to you a specific lens through the viewpoint from the UNESCO Secretariat but also as researcher on the UNESCO and World Heritage history of the past decades.

The text analyses the introduction of the supranational notion of cultural heritage together with the related processes (heritagization) at the Hungarian legal- and institutional level. First, the national governing powers and the legislative texts are analysed in order to find out the named processes on macro level. Then the connecting professional and scientific disciplines (monument-, environment protection and ethnography) are investigated through the institutional structures and their realization steps as well to decode their transformations to cultural heritage on national level. The research focuses on the period between the mid-20th century and the early 2010s, as during this period the international and scientific usage of the term cultural heritage got fully customized in the Hungarian context.

This article examines the effectiveness, legitimacy, and fairness of heritage conservation outcomes under the 1972 World Heritage Convention (1972 WHC), with a focus on recognising and respecting the rights of Indigenous Peoples in heritage nomination, protection, and management. Examining conflicts surrounding World Heritage sites in Kenya and Sweden, this article argues that recognition of biocultural heritage and biocultural rights can promote environmental justice and help meet global environmental challenges. To promote the conservation of both built and natural landscapes, the article recommends expanding protection for the relationship between humans and their environment. Recognising biocultural heritage under UNESCO conventions could promote Indigenous sovereignty, protect cultural and natural heritage, and contribute to global efforts to address climate change. The article calls for further research mapping biocultural heritage in natural and mixed heritage sites and advocates for fuller engagement with Indigenous Peoples to increase the ability of the 1972 WHC to promote sustainability as it enters its second half-century. [ABSTRACT FROM AUTHOR]

The text analyses the introduction of the supranational notion of cultural heritage together with the related processes (heritagization) at the Hungarian legal- and institutional level. First, the national governing powers and the legislative texts are analysed in order to find out the named processes on macro level. Then the connecting professional and scientific disciplines (monument-, environment protection and ethnography) are investigated through the institutional structures and their realization steps as well to decode their transformations to cultural heritage on national level. The research focuses on the period between the mid-20th century and the early 2010s, as during this period the international and scientific usage of the term cultural heritage got fully customized in the Hungarian context. [ABSTRACT FROM AUTHOR]

Because cultural heritage is a significant aspect of identity, it is often targeted during conflict or periods of repression. The danger may diminish with peace or transition, but it does not evaporate. Heritage is inherently contentious post bellum, so communities fear for the ongoing safety of their heritage, either because conflict might recur or because past patterns of cultural chauvinism or neglect might be repeated. The material integrity of heritage has gradually become a matter of concern for transitional justice. It has long been a maxim of transitional justice that dealing with the past implies preventing in the future. There is a need for regulatory schema and administrative structures serving the goal of preserving and protecting the tangible cultural riches of the state and/or communities of origin from the lingering threats that the politics of power might again be played out over heritage. Guarantees of non-recurrence (GNR) offer both an ethos and a framework in which to prioritize and think through this work of protection, conservation, and safeguarding. This article argues that the World Heritage Convention, notwithstanding its circumscribed emphasis on material and places of outstanding universal value, is nevertheless applicable to all heritage to which a GNR might be attached and provides an achievable "good enough" practice model, provided there is a threshold level of domestic political will. [ABSTRACT FROM AUTHOR]

This article discusses the international agreements that have been made for the protection of heritage and nature. It is shown that, while there are often formal separations between the two realms, there is an increasing convergence between them. An overview is given of the significance of the various international organisations who deal with the international rules of law concerning nature and heritage. On four topics, there is further discussion about the possibilities for cooperation between the two domains: the World Heritage Convention, the conventions for biological diversity and intangible heritage, the rules concerning the Law of the sea and the Wetlands Convention.

Purpose: The study aims to analyze the development of Omani heritage legislation against the UNESCO World Heritage Convention (WHC), 1972 and WHC Operational Guidelines (WHC-OGs) to predict the possible effects of the recent developments on the management of the World Heritage Site in Oman. Design/methodology/approach: This study discusses the development of the heritage protection legislation in Sultanate of Oman since 1970; it analyses the Omani Cultural Heritage Law 35/2019 against the recommendations of the UNESCO WHC as well as the requirements of the World Heritage Operational Guidelines. Moreover, the research investigates the possible effects of the recent heritage legislation developments on the management of Bahla Fort and Oasis in Oman, which is the first Omani World Heritage Site and the only site with special management regulations. Findings: The paper outlines the effects of both the Omani Cultural Heritage Law 35/2019 and the Special Management Regulations 81/2019 on the implementation of the Bahla Management Plan. Additionally, the research establishes how the customization of heritage legislation as a special heritage management regulation facilitates the implementation of national legislation to solve specific local problems. Originality/value: The study establishes the significance of developing comprehensive legislation to protect and manage the rich Omani cultural heritage and World Heritage Sites in alignment with the WHC and the WHC-OGs. [ABSTRACT FROM AUTHOR]

Muslim heritage has been an influential factor in the emergence of UNESCO's 1972 Convention, whose priorities build extensively on decades of engagement with heritage places across the Muslim world. The World Heritage List today features sites of Islamic and non-Islamic history across Muslim societies, as well as remnants of Muslim life in secular and non-Muslim contexts. However, by the time the Convention came to fruition, relationships between UNESCO and Arab States, the most cohesive group within UNESCO that represents Muslim communities, were terse on account of political developments in the region. In addition, the particular framing of religion in the world of the Convention undermined the commitment to cultural heritage ideals in the context of predominantly Muslim societies. In this article, I review these legacies and describe the specific ways in which the World Heritage List represents the people of Islam within and beyond the Middle East and North African territories. In these discussions, I assess the influence of the Committee's work in shaping ideas of local and global heritage preservation for these regions, as well as the political and ideological challenges contained in the work of the Convention. [ABSTRACT FROM AUTHOR]

The compulsory contribution of each State Party was set not to exceed 1 percent of its regular contribution to UNESCO since the first General Assembly of States Parties, in 1976. The majority of conservation challenges at World Heritage sites are rarely issues that apply to only the areas included within the World Heritage property or within a specific category of OUV. The evaluation process entails reviewing the nomination's case for Outstanding Universal Value (OUV).[9] Moving forward, this process will now take longer, with the additional step of preliminary assessment.10 Today, States Parties typically invest at least four to five years to prepare and submit a nomination dossier that sufficiently argues for OUV. [Extracted from the article]

Copyright of Czech Journal of Historical Heritage Preservation / Zpravy Pamatkove Pece is the property of Narodni Pamatkovy Ustav and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Czech Journal of Historical Heritage Preservation / Zpravy Pamatkove Pece is the property of Narodni Pamatkovy Ustav and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The World Heritage Committee routinely receives information about the state of conservation of WH properties from State Parties or ICOMOS or IUCN mission reports. While State Party Reports are often incomplete, outdated or even incorrect, Advisory Missions suffer from being too short and understaffed in order to fully grasp the local situation. The author will show that the observations of civil society must be brought in as checks and balances to let the WH Committee have a full understanding of the dynamics that affect World Heritage Properties. For many years, UNESCO has been requiring the participation of local communities in all procedures of the World Heritage Convention - from tentative lists and nominations to management and monitoring. However, State Parties remain reluctant to implement this - both on the site level and on the Convention level. In response to this situation, World Heritage Watch has been founded as a global network of civil society actors whose goal is to contribute to the safeguarding of World Heritage Sites by bringing information to the attention of the WH Committee, and to strengthen the role of civil society in the proceedings of the World Heritage Convention. Based on practical experience from the field and four years of activity within the organization, the presentation will explain what civil society has achieved, suggest where the challenges are and how they can be met, and provide an unvarnished outlook on the future of the World Heritage Convention.

Romania has signed the World Heritage Convention in 1990. Its process of implementation was carried out along two decades, but the resulting legal framework does not grant at present the appropriate protection and management of the sites inscribed on the World Heritage List. Moreover, even if steps have been taken towards the implementation of the Convention, the compliance with it is far from being a reality. This study brings forth the fact that in the case of the serial World Heritage Site “Dacian Fortresses of the Orăștie Mountains”, there is a twofold non-compliance with the Convention. First, there is a substantive non-compliance, resulting from the almost complete dereliction of the site: in the last 20 years, there was no management system and 5 of its 6 component parts have been abandoned. Secondly, there is procedural noncompliance, resulting from the fake reporting to the World Heritage Centre, as well as from the omission of some reports. The real situation has recently surfaced, due to the intervention of the civil society, and the World Heritage Centre triggered the reactive monitoring process for this site. At the same time, the possible causes of this non-compliance have been analysed in view of identifying urgent solutions meant to re-establish the balance with respect to the Convention. The main directions of action proposed are the improvement of the legal framework and the adoption of appropriate heritage policies.

Review on book Claire Cave and Elene Negussie, World Heritage Conservation. Th e World Heritage Convention, Linking Culture and Nature for Sustainable Development, Routledge: London and New York, 2017

The UNESCO Conventions for the Protection of the material World Heritage (1972) and for the Preservation of the Intangible Cultural Heritage of Humanity (ICH) (2003) use the listing practice for worldwide identification and global recognition. Listing their ICH on the Representative List (RL) lends prestige to the States Parties and enables economic exploitation. Thematic imbalances and spatial disparities arising from the listing of material heritage have already been discussed and analysed in the scientific literature. After more than a decade and more than 500 inscriptions in the framework of the convention for the safeguarding of the intangible cultural heritage (ICHC) of 2003, this article will try for the first time to examine which regions and States Parties have so far been able to actively participate in the ICHC through listings. The analysis examines the chronological distribution and growth development in the regions after a current global status analysis of the globally distributed ICH on the RL. A distinction is always made between national and multinational inscriptions, between aggregated frequency and spatial distribution, and between these two possibilities. The aim is to demonstrate the extent to which participation in the sense of ICH sharing is possible in the regions and what implications can be derived from the listing practice to date. [ABSTRACT FROM AUTHOR]

Large wild herbivore species are important to ecosystems and human societies, but many of them are threatened and in decline. International wildlife treaties have a role to play in arresting and reversing these declines. This paper provides a global overview and analysis of relevant legal instruments and their roles regarding the conservation of the 73 largest terrestrial herbivores, i.e., those with a body mass of ≥ 100 kg. Outcomes reveal both significant positive contributions and shortcomings of the Ramsar Wetlands Convention, the World Heritage Convention, the Convention on International Trade in Endangered Species, the Convention on Migratory Species and its subsidiary instruments, the Convention on Biological Diversity, and a range of regional and bilateral treaties. Maximizing the potential of these treaties, and attaining their objectives regarding the conservation and restoration of large herbivores, requires substantial increases in funding and political will. Even before such game-changing increases occur, however, it remains worthwhile to seek and use the many opportunities that exist within the current international legal framework for enhancing the conservation of the world's largest herbivores. [ABSTRACT FROM AUTHOR]