THE ROLE OF THE COURTS IN BALANCING DEVELOPMENT WITH WORLD HERITAGE CONSERVATION

Abstract

World Heritage sites constitute cultural and natural resources of significant value and are regarded as the common heritage of humankind. States Parties are obligated under the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage to protect and conserve World Heritage properties for future generations. Nevertheless, many World Heritage sites are increasingly subjected to pressures arising from state-led development projects, including infrastructure development, tourism expansion, and economic growth, thereby creating tensions between development objectives and World Heritage conservation. This academic article examines the role of courts in balancing development and the conservation of World Heritage sites by analyzing the legal principles governing the exercise of administrative power under the rule of law, the principle of proportionality, the principle of sustainable development, and the precautionary principle, as well as the limitations faced by courts in adjudicating disputes relating to World Heritage protection. The study finds that courts play a significant role in reviewing the exercise of state power and in linking domestic law with international obligations by scrutinizing the legality of development projects and balancing economic interests against the protection of the Outstanding Universal Value of World Heritage properties. This is reflected, for example, in controversies surrounding development projects in areas adjacent to Khao Yai National Park, which demonstrate the conflict between economic development and the protection of the ecological integrity of World Heritage sites. However, courts continue to face several limitations, including jurisdictional constraints, ambiguities in domestic legislation, limitations relating to technical expertise and information, and the reactive nature of judicial proceedings, which generally occur only after policy decisions have already been made. The article therefore proposes the further development of domestic legal frameworks, the establishment of mechanisms for Heritage Impact Assessment, the enhancement of specialized expert support, and the improvement of standards of judicial reasoning in court judgments in order to ensure that the exercise of state power remains consistent with the rule of law and the principle of sustainable development.