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The World Heritage Convention and its implementation in Australia

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Bedding, Juliet M(Juliet Myrna) (1991) The World Heritage Convention and its implementation in Australia. PhD thesis, University of Tasmania.

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Abstract

The thesis involves an examination of the Convention for the Protection of
the World Cultural and Natural Heritage (hereinafter referred to as the World Heritage
Convention) in its international context, and the implementation of the Convention in
Australia. This examination begins with a consideration of the sources and
development of international environmental law. It moves to consider specifically the
concept of a world heritage as a basis for imputing environmental responsibility to
States.
The international legal issues arising from the idea of a world heritage,
particularly its relationship to concepts of sovereignty and development, are explored.
The emergence of the world heritage concept is traced through a discussion of earlier
international documents dealing with protection of unique aspects of the cultural and
natural environment. Detailed analysis of the terms and operation of the World
Heritage Convention, which embodies the concept as a matter of international law,
enables a discussion of the effectiveness of the Convention as an instrument for
achieving international cooperation on issues of environmental protection. The implementation of the World Heritage Convention in Australia is set in
context through an examination of the development of environmental consciousness in
Australia, and the constitutional framework for environmental decision-making in this
country. A detailed analysis of the legal and administrative framework for world
heritage protection enables a discussion of the extent to which Australia has fulfilled
its obligations under the World Heritage Convention.
Management of world heritage properties is considered in the context of
international principles on the value of these sites, the role they play in sustainable
development, and appropriate land-use policies, including multiple land-use. This
discussion is extended into two case studies- of the Kakadu National Park and Great
Barrier Reef world heritage sites. These case studies precipitate an analysis of the
problems with implementation of the Convention in Australia. The Federal-State
conflict is examined in its constitutional, political and economic contexts. The issue
of the conflict between environment and development is also explored through the
question of the status of private interests in world heritage properties. The final
chapter looks at the future of the World Heritage Convention in Australia. It
examines the prospects for cooperative federalism in the implementation of the
Convention, the possibility of constitutional reform, and the potential for reducing conflict by fully realising the tourism potential of world heritage sites.
The thesis emphasizes the international importance of the sites, and the
obligations of the Australian Government, but sees these factors in the reality of the
legal, political and economic situation of the country. The conclusion is that while
some compromise at the stage of nomination is acceptable, properties included on the
World Heritage List should not be subjected to activities which are likely to damage
their world heritage qualities.

Item Type: Thesis (PhD)
Keywords: World Heritage Convention (1972), Environmental law, International, Environmental law
Copyright Holders: The Author
Copyright Information:

Copyright 1991 the Author - The University is continuing to endeavour to trace the copyright
owner(s) and in the meantime this item has been reproduced here in good faith. We
would be pleased to hear from the copyright owner(s).

Additional Information:

Thesis (Ph.D.)--University of Tasmania, 1991. Includes bibliographical references (leaves 287-312)

Date Deposited: 25 Nov 2014 00:42
Last Modified: 11 Mar 2016 05:55
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