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The 1972 World Heritage Convention: A Commentary 2nd Edition

The 1972 World Heritage Convention: A Commentary 2nd Edition

Author: Francesco Francioni; Federico Lenzerini
Publisher: Oxford University Press
ISBN: 9780198877448

Previous Edition ISBN: 9780199291694
Published In: October 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Almost fifty years have passed since the adoption of the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention). With its 194 States Parties, it is the most widely ratified convention within the family of UNESCO treaties on the protection of cultural heritage. The success of this Convention and its almost universal acceptance by the international community of states is due to the great appeal that recognising certain properties as “world heritage” has for national governments.

Since the publication of the first Commentary, new problems have arisen in the management of world heritage sites. It has become increasingly difficult to properly monitor the conservation of the ever-growing mass of sites inscribed in the World Heritage List, and to resolve disputes over the formal designation of contested world heritage properties - a problem that has led to the withdrawal of the United States and Israel from UNESCO. New frontiers are now being explored for the expansion of the world heritage idea over marine areas beyond national jurisdiction, and the monopoly of the State in the identification, delineation, and presentation of world heritage properties is being increasingly challenged in the name of indigenous peoples' rights and by local communities claiming ownership over contested cultural sites. At the same time, the regime of world heritage protection has infiltrated other areas of international law, especially international economic law, investment arbitration, and the area of international criminal law. This second edition critically examines the World Heritage Convention against this dynamic evolution of international heritage law to help academics, lawyers, diplomats, and officials interpret and apply the norms of the Convention after half a century of uninterrupted implementing practice by State Parties and Treaty Bodies.

PART I. INTRODUCTION

The 1972 World Heritage Convention: An Introduction, Francesco Francioni

Conceptual Developments of the World Heritage Convention, Christina Cameron

PART II. COMMENTARY

The Preamble, Francesco Francioni

Article 1 Definition of Cultural Heritage, Abdulqawi A. Yusuf

Article 1 Cultural Landscapes, Amy Strecker

Article 2 Definition of Natural Heritage, Catherine Redgwell

Article 3 Identification and Delineation of World Heritage Properties, Ben Boer

Articles 4-7 National and International Protection of the Cultural and Natural Heritage, Guido Carducci

Articles 8-11 World Heritage Committee and World Heritage List, Tullio Scovazzi

Article 11 List of World Heritage in Danger and Deletion of a Property from the World Heritage List, Gionata P. Buzzini and Luigi Condorelli

Article 12 Protection of Properties Not Inscribed on the World Heritage List, Federico Lenzerini

Article 13 World Heritage Committee and International Assistance, Ana Filipa Vrdoljak

Article 14 The Secretariat and Support of the World Heritage Committee, Ana Filipa Vrdoljak

Articles 15-18 World Heritage Fund, Federico Lenzerini

Articles 19-26 International Assistance, Federico Lenzerini

Articles 27-28 Educational Programmes, Federico Lenzerini

Article 29 Reports, Ben Boer

Article 34 Federal or Non-Unitary Constitutional Systems, Ben Boer

Articles 30-33 and 35-38 Final Clauses, Federico Lenzerini

PART III. RELATION OF THE WORLD HERITAGE CONVENTION WITH OTHER RELEVANT INTERNATIONAL REGIMES

The 1972 World Heritage Convention in the Framework of Other UNESCO Conventions and Other Instruments on Cultural Heritage, Guido Carducci

The World Heritage Convention and Other Conventions Relating to the Protection of the Natural Heritage, Catherine Redgwell

World Heritage and Human Rights, Ana Filipa Vrdoljak

The World Heritage Convention and the Rights of Indigenous Peoples, Federico Lenzerini and Dalee Sambo Dorough

The World Heritage Convention and the Law of the Sea, Patrizia Vigni

The World Heritage Convention and International Investment Law, Valentina Vadi

PART IV. CONCLUSIONS

The Future of the World Heritage Convention: Problems and Prospects, Francesco Francioni and Federico Lenzerini

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