The UNESCO Regime for the Protection of World Heritage as Prototype of an Autonomy-Gaining International Institution

Abstract

The Convention for the Protection of the World Cultural and Natural Heritage (World Heritage Convention), which entered into force on 17 December 1975, established a complex governance regime at the international level. The rationale behind the establishment of this regime was the international community’s realization that the world contained natural and cultural sites which were so unique and outstanding that they should by no means become embroiled in the onslaught of human material progress. It was argued that these sites must be protected and conserved for posterity since they, irrespective of the territory in which they were located, belonged to all peoples and, thus, formed part of the common heritage of mankind. Although the United Nations Educational, Scientific and Cultural Organization (UNESCO) regime for the protection of World Heritage is seemingly afforded with weak instruments, such as the inscription of properties on the World Heritage List or on the List of World Heritage in Danger, its activities increasingly play a role, not least in national administrative procedures. The cases of Yellowstone National Park in the United States, Cologne Cathedral and Dresden Elbe Valley in Germany, and Kakadu National Park in Australia are only a few examples in this regard.

The author has to thank Professor Ivan Shearer LL.M. and Matthias Goldmann for helpful comments to earlier versions of this article.