@phdthesis{Gaillard2014, author = {Gaillard, B{\´e}n{\´e}dicte}, title = {Conflictive delisting process of a World Heritage Site in Germany: the case of the Dresden Elbe Valley}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:co1-opus4-30314}, school = {BTU Cottbus - Senftenberg}, year = {2014}, abstract = {This research comprises an analysis concerning the conflict between the State Party Germany to the World Heritage Convention and UNESCO in the case of the Dresden Elbe Valley. Through a historical and legal analysis, this research aims to ascertain the reasons for this conflict, as well as the impossibility of finding a compromise. First, the conflict in the core of the Dresden Elbe Valley World Heritage Site caused by the construction of the Waldschl{\"o}ßchenbr{\"u}cke, which is the object of study in this research, is anchored in its context of the City of Dresden. Thus, the object of the conflict, the Waldschl{\"o}ßchenbr{\"u}cke, is presented in its historical and geo-spatial context in order to shed light on the elements that triggered the conflict. Secondly, the conflict is anchored within the German legal context through the analysis of the legal procedures concerning the binding effects of the World Heritage Convention for the Federal Republic of Germany and the environmental concerns rendered by the construction of the Waldschl{\"o}ßchenbr{\"u}cke. Based on legal commentaries of the courts' decisions, a discussion on the non-transposition of the World Heritage concepts in the Federal Republic of Germany is implemented. Thirdly, the State Party Germany to the World Heritage Convention and UNESCO are confronted. A review of the concept of cultural landscape in the context of the World Heritage Convention, adapted to the case of the Dresden Elbe Valley, is first implemented. Subsequently, a commentary on the legally binding effects for the States Parties to the World Heritage Convention is elaborated upon, as well as a deconstruction of the step-by-step decisions from the inscription to the delisting of the Dresden Elbe Valley from the World Heritage List. Fourthly, an evaluation is developed concerning the concept of Historic Urban Landscape as an action plan capable of solving the conflict between urban development and heritage protection, and adapted to the German context. Finally, as a conclusion to this research, recommendations are drawn based on the conflict opposing UNESCO and the State Party Germany to the World Heritage Convention towards the Dresden Elbe Valley. These recommendations are addressed to the City of Dresden, the Free State of Saxony, the Federal Republic of Germany and UNESCO.}, subject = {Cultural Landscapes; Delisting of a World Heritage Site; Dresden Elbe Valley; Historic Urban Landscape; World Heritage Convention; Aberkennung einer Welterbest{\"a}tte; Dresdner Elbtal; Historische Stadtlandschaft; Kulturlandschaft; Welterbekonvention; Convention du Patrimoine Mondial; D{\´e}sinscription d'un site du patrimoine mondial; Paysage culturel; Paysage urbain historique; Vall{\´e}e de l'Elbe {\`a} Dresde; Dresdner Elbtal; Weltkulturerbe}, language = {en} }