Case Law

The World Heritage Committee,

1. Having examined Document WHC/18/42.COM/7B.Add,
2. Recalling Decision 40 COM 7B.54, adopted at its 40th session (Istanbul/UNESCO, 2016),
3. Welcomes the ongoing work by the State Party on legal, planning and management matters and acknowledges the work undertaken as part of the Kotor Heritage Impact Assessment (HIA) to analyse in general the weakness of the current overall protection system, and the proposals for the development of a Spatial Urban Plan for the Municipality of Kotor;
4. Notes the proposal to centralize the production of HIAs as a means of mitigating negative impacts of development proposals that have been submitted, but considers that this measure cannot compensate for the lack of adequate legal and planning mechanisms for the overall landscape of the property;
5. Remains concerned that considerable further work is needed to analyze in detail the weaknesses of the current Spatial and Urban Plans in force for the property's territory and its buffer zone, as a prelude to developing means to strengthen them;
6. Considering ICOMOS’ technical review of the HIA of the project, urges the State Party to abandon the Kotor-St John’s Fortress cable car project to prevent any negative impact on the property’s Outstanding Universal Value (OUV);
7. Strongly requests the State Party to maintain the moratorium on any new construction and development until a complete suite of planning and protection measures are in force to satisfactorily accommodate possible sustainable developments within the sensitive landscape of the area and prevent any impact on the cultural and landscape values of the property;
8. Also requests the State Party to complete all relevant actions in response to the Committee’s previous decisions, in particular to carry out HIAs for all ongoing or planned development projects, including the transport connection at Verige and the tourist facility at Glavati – Prčanj, as well as to submit the results of the HIAs to the World Heritage Centre, for review by the Advisory Bodies, prior to undertaking any further commitments;
9. Further requests the State Party to invite a joint World Heritage Centre/ICOMOS Reactive Monitoring mission to the property to assess its state of conservation, as well as the various reports and legal amendments that have been produced and to advise on what further work is needed to strengthen the legal and planning protection of the property and its buffer zone and to coordinate its management;
10. Finally requests the State Party to submit to the World Heritage Centre, by 1 February 2019, an updated detailed report on the state of conservation of all components of the property and the implementation of the above, for examination by the World Heritage Committee at its 43rd session in 2019.

The World Heritage Committee,

1. Having examined Document WHC/16/40.COM/7B.Add,
2. Recalling Decision 39 COM 8B.6, adopted at its 39th session (Bonn, 2015),
3. Regrets that the State Party did not submit a report on the state of conservation of the property, as requested by the Committee;
4. Reiterates its concern about proposals to construct a cable car to provide access to the Son Doong cave within the strictly protected zone of the property and the potential impacts this may have on the property’s Outstanding Universal Value (OUV), and urges again the State Party to complete Environmental Impact Assessments (EIAs), in line with IUCN’s Advice Note on Environmental Assessment, prior to a decision on the implementation of any tourism development projects and to ensure that development proposals are not permitted if they would negatively impact the OUV of the property;
5. Reiterates its requests to the State Party to:
   1. Revise the property’s Sustainable Tourism Development Plan to include the property extension and ensure an integrated and environmentally sensitive approach to tourism that ensures visitor use remains compatible with the OUV of the property,
   2. Submit to the World Heritage Centre updated data on the population status of key large mammal species, including tiger, Asiatic black bear, Asian elephant, giant muntjac, Asian wild dog, gaur and saola;
6. Requests the State Party to provide data on the results of its law enforcement activities to address illegal logging and poaching;
7. Also requests the State Party to submit to the World Heritage Centre, by 1 February 2017, an updated report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 41st session in 2017.

The World Heritage Committee,

1. Having examined Document WHC-14/38.COM/7B,
2. Recalling Decision 28 COM 15B.116, adopted at its 28th session (Suzhou, 2004),
3. Takes notes of the information provided by the State Party regarding the alternative route for the cable car and management arrangements for the property;
4. Notes the current challenges being faced in the conservation and management of the property and requests the State Party to:
   1. Articulate existing planning and conservation tools and establish a single conservation and management policy for the property to be adopted at the three involved levels of government,
   2. Further develop this policy into a participatory management plan and provide an electronic and three printed copies of this plan or management system for the property for review by the World Heritage Centre and the Advisory Bodies,
   3. Submit, in accordance to Paragraph 172 of the Operational Guidelines , technical details and location for large infrastructure development foreseen at the property, in particular revised proposals for the cable car, to the World Heritage Centre for review prior to commencing works;
5. Also requests the State Party to submit to the World Heritage Centre, by 1 December 2015, an updated report, including a 1-page executive summary, on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 40th session in 2016.

The World Heritage Committee,

1. Having examined Document WHC-14/38.COM/7B,
2. Recalling Decision 37 COM 7B.23, adopted at its 37th session (Phnom Penh, 2013),
3. Expresses its utmost concern about the adoption of amendments to Federal Law N°406-FZ, dated 28 December 2013, which make it possible to develop large scale tourism infrastructure in strict nature reserves, and could also impact other natural World Heritage properties in the Russian Federation, and reiterates its request to the State Party to ensure that no large scale ski or tourism infrastructure is built within the property;
4. Takes note of the intention of the State Party to submit a proposal for a boundary modification by excluding parts of the Lagonaki plateau from the property which are reported to be degraded and by including other parts, and recalls that such a proposal has to be clearly justified in terms of the Outstanding Universal Value (OUV) for which the property was inscribed, should be based on reliable scientific data and should be submitted as a major boundary modification, in accordance with Paragraph 165 of the Operational Guidelines ;
5. Reiterates its position that the installation of capital construction on the Lagonaki Plateau, including Mount Fisht and Oshten, would constitute a case for inscription of the property on the List of World Heritage in Danger in line with Paragraph 180 of the Operational Guidelines;
6. Notes with concern that development pressures on the property appear to increase continuously, as noted by reports that new construction works have been conducted inside the property without prior assessment of their potential impact on its OUV, including upgrade of Babuk Aul forest road, cable car construction at “Biosphere scientific centre” and other facilities nearby, and urges the State Party to ensure that the potential impacts of any proposed infrastructure upgrading inside the property on its OUV are carefully assessed and that an Environmental Impact Assessment (EIA) is sent to the World Heritage Centre for review by the Advisory Bodies before a decision is taken in accordance with Paragraph 172 of the Operational Guidelines;
7. Also reiterates its request to the State Party to implement all the recommendations of the 2012 joint World Heritage Centre / IUCN reactive monitoring mission;
8. Requests the State Party to report on the status of the proposed Persian leopard reintroduction project and provide the World Heritage Centre with detailed information and data on this project, in line with the 2013 IUCN Guidelines for Reintroductions and Other Conservation Translocations;
9. Also requests the State Party to submit to the World Heritage Centre, by 1 December 2015, an updated report, including a 1-page executive summary, on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 40th session in 2016.

The World Heritage Committee,

1.  Having examined Document WHC-13/37.COM/7B.Add,

2.  Recalling Decision 35 COM 7B.134, adopted at its 35th session (UNESCO, 2011),

3.  Acknowledges the efforts made by the State Party in the implementation of the recommendations made by the 2010 reactive monitoring mission and encourages it to continue with these efforts, in particular regarding the establishment of a fully functional and resourced management system for the property;

4.  Takes note of large scale projects being implemented and requests the State Party to:

a)  Consider the development of alternative plans for the High Capacity Segregated Corridor, responsive to studies of transportation systems, and develop the adequate heritage impact assessments in the sections that could potentially impact the World Heritage property,

b)  Submit to the World Heritage Centre the final design, technical specifications and precise location of the route, in relation to the inscribed property, for the Cable Car Project, including relevant heritage and visual impact assessments, for review by the Advisory Bodies prior to making any commitment to its implementation by 30 October 2014;

5.  Also requests the State Party to submit three printed and electronic copies of the finalised Master Plan for review by the World Heritage Centre and the Advisory Bodies;

6.  Further requests the State Party to submit to the World Heritage Centre, by 1 February 2015 , an updated report on the state of conservation of the property and the implementation of the abovementioned requests, for examination by the World Heritage Committee at its 39th session in 2015.