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    The 1972 World Heritage Convention: A Commentary
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    Product details:

    • Edition number 2
    • Publisher OUP Oxford
    • Date of Publication 17 October 2023

    • ISBN 9780198877448
    • Binding Hardback
    • No. of pages480 pages
    • Size 252x175x30 mm
    • Weight 980 g
    • Language English
    • 446

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    Short description:

    This commentary examines the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention), fifty years after its adoption. It explores the new challenges which have arisen in the management of world heritage sites and the Convention's impact on the evolution of international heritage law.

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    Long description:

    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.

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    Table of Contents:

    PART I. INTRODUCTION
    The 1972 World Heritage Convention: An Introduction
    Conceptual Developments of the World Heritage Convention
    PART II. COMMENTARY
    The Preamble
    Article 1 Definition of Cultural Heritage
    Article 1 Cultural Landscapes
    Article 2 Definition of Natural Heritage
    Article 3 Identification and Delineation of World Heritage Properties
    Articles 4-7 National and International Protection of the Cultural and Natural Heritage
    Articles 8-11 World Heritage Committee and World Heritage List
    Article 11 List of World Heritage in Danger and Deletion of a Property from the World Heritage List
    Article 12 Protection of Properties Not Inscribed on the World Heritage List
    Article 13 World Heritage Committee and International Assistance
    Article 14 The Secretariat and Support of the World Heritage Committee
    Articles 15-18 World Heritage Fund
    Articles 19-26 International Assistance
    Articles 27-28 Educational Programmes
    Article 29 Reports
    Article 34 Federal or Non-Unitary Constitutional Systems
    Articles 30-33 and 35-38 Final Clauses
    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
    The World Heritage Convention and Other Conventions Relating to the Protection of the Natural Heritage
    World Heritage and Human Rights
    The World Heritage Convention and the Rights of Indigenous Peoples
    The World Heritage Convention and the Law of the Sea
    The World Heritage Convention and International Investment Law
    PART IV. CONCLUSIONS
    The Future of the World Heritage Convention: Problems and Prospects

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