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16 - The Role of NGOs in Monitoring Compliance under the World Heritage Convention: Options for an Improved Tripartite Regime

from Part VI - The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity

Published online by Cambridge University Press:  15 April 2019

Christina Voigt
Affiliation:
Universitetet i Oslo
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Summary

This chapter explores the role of non-State actors under the 1972 World Heritage Convention (WHC). Non-State actors, such as non-government organisations (NGOs), can play a powerful role in monitoring the activities of States under international environmental law. A treaty such as the WHC, with few non-compliance procedures, is strengthened by the presence of NGOs, though their legitimacy to regulate is debatable. The author gives an overview of the world heritage system, focusing on non-compliance mechanisms. The chapter gives examples of NGOs using petitioning as a tool to monitor State behaviour and bringing it before the World Heritage Committee. Under international law petitioning is legally questionable, but it appears that NGOs have resorted to it to raise the profile of potential risks to world heritage sites. Their actions seem to be born out of not choice but frustration, and so an argument is developed for more formalised lines of involvement for NGOs under the WHC. The chapter is relevant for those interested in the protection of world heritage and how softer forms of non-State regulation can promote compliance with international environmental law.

Type
Chapter
Information
International Judicial Practice on the Environment
Questions of Legitimacy
, pp. 417 - 442
Publisher: Cambridge University Press
Print publication year: 2019

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