Author
Ms liulili
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
Environmental Law
Title
Legal Adaptation for Climate Change 'Resilience' under the World Heritage Convention
Abstract
Climate change poses an increasingly severe and systemic threat to global cultural and natural heritage. The World Heritage Convention (1972), the cornerstone international legal instrument for heritage protection, was established with a legal mechanism primarily rooted in a "static protection" paradigm, based on the authenticity and integrity of "Outstanding Universal Value" (OUV). The central question this paper addresses is: Is this "static" mechanism sufficient to cope with the "dynamic, systemic" threat of climate change? Through an analysis of the Convention's text, its Operational Guidelines, and related international policy documents, this paper argues that the traditional protection mechanism demonstrates significant inadequacy and maladaptation when faced with the gradual, long-term, and inevitable impacts of climate change. In response, the concept of "resilience" is emerging as the key driver for adapting the Convention's framework. This paper contends that, given the rigidity of modifying the "hard law" of the Convention itself, resilience is being integrated via "soft law" pathways (such as UNESCO policy documents and World Heritage Committee decisions) and "practical evolution" (including adaptive management and risk assessment tools). This integration is compelling a necessary shift in the Convention's legal interpretation and management model: from a "passive-reactive" static protection to a "proactive-adaptive" dynamic management paradigm. This article aims to elucidate the specific legal pathways for the integration of resilience, arguing that this adaptation is essential for "re-tooling" the Convention and ensuring its continued effectiveness and authority in the era of climate change. Keywords: World Heritage Convention; Climate Change; Resilience; Legal Adaptation; Soft Law; Static Protection
Biography
I am a Ph.D. candidate in International Law at East China University of Political Science and Law, with a primary research focus on cultural heritage law. My undergraduate degree was in Law, and I specialized in International Law during my master's studies. In my doctoral research, I primarily concentrate on climate law and cultural heritage law. As climate change and global warming intensify, not only is humanity facing significant challenges, but cultural heritage is also at risk of being destroyed. The protection of cultural heritage under international law must adapt to the evolving circumstances, which is crucial not only for our generation but also holds profound significance for future generations.
