UUUK6295

HERITAGE LAW

ASSIGNMENT 1
EVALUATE THE ISSUES AND LAWS, BOTH NATIONAL AND
INTERNATIONAL, IN PRESERVING AND CONSERVING THE WORLD
HERITAGE SITE OF THE WADDEN SEA

PREPARED BY:
NORMAWADDAH BINTI RAMLI
(MATRIC NO: P111020)

PREPARED FOR:
ASSOCIATE PROFESSOR DR. RASYIKAH MD KHALID

FACULTY OF LAW
UNIVERSITI KEBANGSAAN MALAYSIA
 EVALUATE THE ISSUES AND LAWS, BOTH NATIONAL AND
INTERNATIONAL, IN PRESERVING AND CONSERVING THE WORLD
HERITAGE SITE OF THE WADDEN SEA

Introduction

The Wadden Sea is the largest unbroken system of intertidal sand and mud flats in the
world. The site covers the Dutch Wadden Sea Conservation Area, the German Wadden Sea
National Parks of Lower Saxony and Schleswig-Holstein, and most of the Danish Wadden
Sea maritime conservation area. It is a large, temperate, relatively flat coastal wetland
environment, formed by the intricate interactions between physical and biological factors that
have given rise to a multitude of transitional habitats with tidal channels, sandy shoals, sea-
grass meadows, mussel beds, sandbars, mudflats, salt marshes, estuaries, beaches, and dunes.
The area is home to numerous plant and animal species, including marine mammals such as
the harbour seal, grey seal and harbour porpoise. Wadden Sea is one of the last remaining
large scale, intertidal ecosystems where natural processes continue to function largely
undisturbed. © UNESCO.

For that reason, major parts of the Wadden Sea Conservation Area have inscribed on
the UNESCO World Heritage List. In June 2009, the German and Dutch part of the Wadden
Sea area has been inscribed on the UNESCO World Heritage.

In this study, the researcher focused on Evaluating the Issues and Laws, Both
National and International, in Preserving and Conserving The World Heritage Site of
Wadden Sea.

Figure 1.0 The Wadden Sea

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 History of the site The Wadden Sea

The Wadden Sea, stretching for over 500 km along the North Sea coast of Denmark,
Germany, and the Netherlands, has evolved over the last 8,000 years and is therefore a young
ecosystem in geomorphological and evolutionary terms1.

According to Common Wadden Sea Secretariat (n.d.) The Wadden Sea formed about
8,000 years ago when post-glacial sea level rise began to slow down from 1.25 m to 0.14 m
per hundred years, allowing the Wadden Sea to emerge. The largest coherent tidal flat area of
the temperate world evolved with a seaward barrier of dune islands and sandy shoals and a
landward area of tidal flats and salt marshes.

The name 'Wadden' is derived from the Dutch word 'wad' which means 'mud flat', due
to its extensive tidal mud flats 2. The main landscape of Wadden Sea was formed by storm
tides between the 10th and 14th centuries, but it continues to envolve as it forms and erodes
with the sea. It is believed that the Wadden Sea was originnaly formed 7000 years ago during
the post glacial period.

The Wadden Sea is rich in birdlife and flora and fauna. It is a popular migration
stopover area for ducks, geese, and shorebirds that number in the hundreds of thousands.
Prior to human exploitation of the area, Wadden Sea was even more diverse in its bird
population and included species such as eagles, flamingos, pelicans, and herons. At one point
fish species such as Atlantic salmon, and brown trout were popular in the waters of Wadden
Sea, as well as oyster beds, and lacuna snails. They have disappeared since. The size of the
Wadden Sea has decreased by 50% which has also had an impact on species' diversity in its
waters and shoreline.

Applicable International Convention on Wadden Sea

An international convention is an agreement between different countries that is legally

binding to the contracting States. Existing international conventions cover different areas,
including trade, science, crime, disarmament, transport, and human rights.

The overarching goal of the 1972 World Heritage Convention is the protection of
cultural and natural properties of ‘Outstanding Universal Value’ (OUV) for mankind and to
preserve it for future generation. It aims at the identification, protection, conservation,
preservetaion and transmission to future generations of cultural and natural heritage of
Outstanding Universal Value (OGL §7).

The Convention defines the kind of natural or cultural sites which can be considered
for inscription on the World Heritage List. It sets out the duties of States Parties in identifying
potential sites and their role in protecting and preserving them. By signing the Convention,
each country pledges to conserve not only the World Heritage sites situated on its territory,
but also to protect its national heritage.
The Wadden Sea is one of the last remaining natural large-scale intertidal ecosystems
with natural processes continuing to function largely undisturbed. Geological and
1
CWSS (2016) Report on the State of Conservation of the World Heritage property “The Wadden Sea (N1314)”.
Wilhelmshaven, Germany. https://www.waddensea-worldheritage.org.
2

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geomorphologic features are closely entwined with biophysical processes and provide an
invaluable record of the ongoing dynamic adaptation of coastal environments to global
change. There is a multitude of transitional zones between land, sea and freshwater that are
the basis for the species richness of the World Heritage site. The productivity of biomass in
the Wadden Sea is one of the highest in the world, most significantly demonstrated in the
numbers of fish, shellfish and birds supported by the site (IUCN, 2009; 2014; World Heritage
Committee, 2009; 2014).

Definition of World Heritage Cultural and Natural Heritage

45. Cultural and natural heritage are defined in Articles 1 and 2 of the World Heritage
Convention.
Article 1 For the purposes of this Convention, the following shall be considered as
“cultural heritage”; - monuments: architectural works, works of monumental sculpture
and painting, elements or structures of an archaeological nature, inscriptions, cave
dwellings and combinations of features, which are of Outstanding Universal Value
from the point of view of history, art or science; - groups of buildings: groups of
separate or connected buildings which, because of their architecture, their
homogeneity or their place in the landscape, are of Outstanding Universal Value from
the point of view of history, art or science; -sites: works of man or the combined
works of nature and of man, and areas including archaeological sites which are of
Outstanding Universal Value from the historical, aesthetic, ethnological or
anthropological points of view.

Article 2 For the purposes of this Convention, the following shall be considered
as “natural heritage”: - natural features consisting of physical and biological
formations or groups of such formations, which are of Outstanding Universal
Value from the aesthetic or scientific point of view; geological and
physiographical formations and precisely delineated areas which constitute the
habitat of threatened species of animals and plants of Outstanding Universal
Value from the point of view of science or conservation; Operational Guidelines
for the Implementation of the World Heritage Convention - natural sites or
precisely delineated natural areas of Outstanding Universal Value from the point
of view of science, conservation or natural beauty

According to Article 2, which is related to Wadden Sea as Natural Heritage: -

For the purposes of this Convention, the following shall be considered as "natural heritage":
natural features consisting of physical and biological formations or groups of such
formations, which are of outstanding universal value from the aesthetic or scientific point of
view.
geological and physiographical formations and precisely delineated areas which constitute
the habitat of threatened species of animals and plants of outstanding universal value from the
point of view of science or conservation.

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natural sites or precisely delineated natural areas of outstanding universal value from the
point of view of science, conservation, or natural beauty. There are many relevant legislations
that support to preserve and protect of Wadden Sea. Below is the list of law that regulate the
protection: -

Convention 1-UNESCO World Heritage Convention

In 2009, the Wadden Sea was inscribed on UNESCO’s World Heritage List in
recognition of the “Outstanding Universal Value” of the area and the progress made in
protecting and managing it for more than a generation. The World Heritage status is the
highest possible award for a natural site and recognition and acknowledgement of its
outstanding global importance.
Thus, the Wadden Sea is on the same footing as other World Heritage properties such
as the Great Barrier Reef and the Grand Canyon. The inscription into the World Heritage List
means that the Wadden Sea carries outstanding universal value and must be preserved for the
benefit of present and future generations.
To be included on the World Heritage List, sites must qualify in three ways – they
must meet one of the UNESCO’s selection criteria, show integrity and be adequately
managed and protected. All three must be in place for a property to be judged to have
Outstanding Universal Value, which is the final piece to the puzzle of becoming a World
Heritage site.
Outstanding Universal Value
According to UNESCO, “Outstanding Universal Value means cultural and/or natural
significance which is so exceptional as to transcend national boundaries and to be of common
importance for present and future generations of all humanity. As such, the permanent
protection of this heritage is of the highest importance to the international community as a
whole.” (https://worldheritage.gsu.edu/outstanding-universal-value)
In order to be considered of Outstanding Universal Value, a property must meet one or more
World Heritage Criteria. The protection, management, authenticity, and integrity of
properties are also taken into consideration by the World Heritage Committee. The Wadden
Sea checked off all the requirements: -
(a) Criteria:- viii geology , ix; ecological processes, x: biodiversity
(b) Intergerity
(c) Appropritae Protection and management.
(a) Criteria OUV:- viii geology , ix; ecological processes, x: biodiversity
1. Geological processes (Criterion viii)
Nowhere else on the planet is there such diverse and dynamic coastline of this scale,
continuously being shaped by wind and tides. These natural processes, running largely
uninterruptedly across the Wadden Sea for millennia, creating islands, sandbanks, channels,
mud flats, gullies, saltmarshes, and dunes you can experience today.
An ecosystem can only function in an optimal state when all physical, chemical,
geomorphological and biological processes can operate in an undisturbed and coherent
manner and in a functional relationship. When a system is large enough and many parts are

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relatively undisturbed there is a big chance that this will be the case for the system as a
whole. The Wadden Sea fulfills this criterion.

2. Ecological and biological processes (Criterion ix)

“be outstanding examples representing significant on-going ecological and

biological processes in the evolution and development of terrestrial, fresh water,
coastal and marine ecosystems and communities of plants and animals”
Nature has provided an invaluable record of past and ongoing dynamic adaptation of plants,
animals and their coastal environments to global change. The productivity of biomass is one
of the highest in the world and offers wide food availability for fish, shellfish, and birds.
Physical processes shaping shallow coastal zones can be found anywhere in the world. The
Wadden Sea, however, is of a special kind. It is the only non-tropical extensive tidal flat and
barrier-island depositional system in the World. Very characteristic are the non-fixed, and
therefore ‘walking islands or considerable parts of islands. Of a special kind are the biogenic
structures such as reefs of oysters, mussels or tube-building worms that affect the
morphology as ‘ecosystem engineers.
An ecosystem can only function in an optimal state when all physical, chemical,
geomorphological and biological processes can operate in an undisturbed and coherent
manner and in a functional relationship. When a system is large enough and many parts are
relatively undisturbed there is a big chance that this will be the case for the system. The
Wadden Sea fulfills this criterion.

3. Biodiversity (Criterion x)
“Contain the most important and significant natural habitats for in-situ
conservation of biological diversity, including those containing threatened species
of outstanding universal value from the point of view of science or conservation”
The Wadden Sea is extremely rich in environmental gradients and transitional zones, yielding
many different (micro)habitats. This forms the basis for exceptional species diversity. The
saltmarshes host about 2,300 species of flora and fauna. The marine and brackish areas count
even 2,500 species. As a result of the many different microhabitats, there is a high degree of
ecological specialization.

(b) Integrity
The Wadden Sea World Heritage consists of all the aspects (species, habitats,
processes) that constitute a natural and dynamic Wadden Sea. The area is large enough to
ensure that these exceptional aspects of one of the world’s first-class ecosystems of this kind
are included and maintained. In other words, about 10 000km represents all habitats, species
and processes.
]

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(c ) Protection and management
Protection and management of the World Heritage site are effectively secured. The
Wadden Sea’s supreme conservation state is the result of four decades of joint nature
protection efforts of Denmark, Germany and the Netherlands, where the Wadden Sea is
designated as national parks and nature reserves. Working together in the Trilateral Wadden
Sea Cooperation, these countries ensure the integrated management of the area. Each state
has comprehensive protection measures in place. The protection of one inseparable
ecosystem that knows no borders and hence is a joint responsibility towards the world
community and for the benefits of present and future generations.

Convention 2 The Convention on Wetlands of International Importance Especially as

Waterfowl Habitat (Ramsar Convention)

Ramsar Convention is an international treaty promoting the conservation and wise use
of wetlands. It is the only global treaty to focus on a single ecosystem.
Denmark, Germany and The Netherlands were among the countries which played an
active role in the establishment of the Ramsar Convention in 1971 and its development in the
years that followed. It was politically recognized that international cooperation was essential
in order to conserve and manage the wetlands on their territory, of which many were of
importance for migratory waterfowl. The Ramsar Convention was ratified by the Federal
Republic of Germany in 1976, by Denmark in 1978 and by The Netherlands in 1980

The primary aim of the Convention on Wetlands is the conservation and wise use of
wetland biomes. Wetlands are defined by the Convention as areas of marsh, fen, peatland or
water, whether natural or artificial, permanent or temporary, with water that is static or
flowing, fresh, brackish or salt, including areas of marine water the depth of which does not
exceed six metres at low tide. It can include riparian and coastal zones adjacent to the
wetlands, and islands or bodies of marine water lying within the wetlands. Five major
wetland types are recognised:

 Marine (coastal wetlands including rocky shores and coral reefs).

 Estuarine (deltas, tide marshes and mangrove swamps).

 Lacustrine (wetlands associated with lakes).

 Riverine (wetlands along rivers and streams)

 Palustrine (marshes, swamps and bogs).

Habitat selection will be a trade-off between optimal foraging conditions and predation
risk. Hunting and scaring are effective ways to change the distribution of the geese, but these
methods disturb other wildlife and are time-consuming. Optimizing foraging conditions and
luring geese to special areas is an alternative and this paper examines the potential for this
method based on grazing management.

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 In the Wadden Sea, brent geese (Branta b. bernicla) and barnacle geese (Branta
leucopsis) are the most numerous goose species, feeding both on salt marshes and agricultural grass
fields. Both species are protected, and shooting is not allowed.

Convention 3 Convention on the Conservation of Migratory Species of Wild Animals

(CMS or Bonn Convention) (Preserving Migratory Birds habitat)

Several studies such as (IUCN, 2009; 2014; World Heritage Committee, 2009; 2014)
have revealed that The Wadden Sea site is a key site for migratory birds as a staging,
moulting and wintering area, providing high level of food and a low level of disturbance for
some 10-12 million birds passing through the site each year (with up to 6.1 million birds
present at the same time). The site is the essential stopover that enables the functioning of the
East Atlantic and the African-Eurasian migratory flyways. For 43 migratory bird species the
Wadden Sea supports more than 1% of the entire flyway population, and for 29 species more
than 10% of their flyway population. In addition, the site supports 30 breeding bird species.

The Convention has two Appendices which list migratory species that would benefit from
conservation measures taken by Range States (a Range State is a country in which a species
is found, even if in transit):

 Appendix I: Lists species that are in danger of extinction throughout all or a

significant part of their range. For example, the Siberian Crane, the White-tailed
Eagle, the Hawksbill Turtle, the Mediterranean Monk Seal, and the Dama Gazelle.
Range states are required to prohibit the taking of species on Appendix I (with few
exceptions) and accord them full protection. Ships operating on the high seas outside
national waters but under the flags of Range States are also covered by the limitations
of Appendix I. Range States must also take steps to conserve the habitat of migratory
species on Appendix I, to remove factors affecting their migration, and to control any
factors that might endanger them.

 Appendix II: Lists migratory species whose conservation status would benefit from
some form of international co-operative Agreement. These Agreements may range
from legally-binding treaties to less formal Memoranda of Understanding. A species
does not have to be faced with extinction to qualify for listing in Appendix II. For
example, dolphins, seals, many species of waterfowl, the White Stork and the
Monarch Butterfly are all currently listed on Appendix II. However, species on this
Appendix do not get protection until an Agreement on them is concluded.

The Convention is both specific and flexible in its coverage since its provisions apply to
distinct populations of a given species. Thus a species in need of safeguards in one region
may be listed in either Appendix without necessarily creating obligations for other countries
in which the conservation status of the species is favourable. If it is appropriate a species may
be listed in both Appendices; thus there is no hierarchy of Appendices.

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 Four Agreements have so far been concluded within the framework of the Convention
on Migratory Species. These cover the conservation of seals in the Wadden Sea, bats in
Europe, small cetaceans in the Baltic Sea and the North Sea, and the western and central
Asian populations of the Siberian Crane. New Agreements currently under negotiation in the
draft stage are for migratory waterbirds of the African-Eurasian and Asian-Pacific regions,
small cetaceans of the Mediterranean Sea and the Black Sea, and the Slender-billed Curlew.
Other Agreements in an early stage of preparation include those for Sahelo-Saharan
ungulates, albatrosses, bustards and marine turtles.

The Wadden Sea is the most important staging site for migratory birds on the East
Atlantic flyway and the most important breeding site for waders in central Europe. Annually,
10e12 million migratory waterbirds use the habitat diversity of the Wadden Sea for roosting,
breeding and feeding (Meltofte et al., 1994;Laursen et al., 2010). Due to their considerably
high biomass and productivity, intertidal Mytilus-beds are important foraging sites for waders
and waterbirds (Nehls et al., 1997). ...

Other bird species such as the European herring gull (Larus argentatus), Eurasian
curlew (Numenius arquata), common redshank (Tringa totanus), black-headed gull
(Chroicocephalus ridibundus) and dunlin (Calidris alpina) mainly feed on associated
macrofauna, such as polychaetes and crustaceans living between the blue mussels (Nehls et
al., 1997;Van de Kam et al., 2004). Decreasing blue mussel stocks and deteriorating body
condition indices of blue mussels in most of the regions of the Wadden Sea may have
decreased abundances of especially shellfish eating birds, but causes for significantly
declining trends of population sizes of Eurasian oystercatcher and European herring gull
during the last two decades in the Wadden Sea remain unclear (Ens et al., 2009;Laursen et al.,
2010). ...

Convention 3– Exceptional species richness in a salt marsh

Next, The Wadden Sea site protects critical habitat for about 2,700 marine species in
the intertidal and subtidal zones and at least 5,000 semi-terrestrial and terrestrial species,
mostly the flora and fauna of salt marshes and dunes on the islands. There are 2,300 species
of flora and at least 4,200 species of fauna (IUCN, 2009; 2014; World Heritage Committee,
2009; 2014).

Convention 4 The Convention on Biological Diversity (CDB)(biodiversity values)

This Convention is an international legal instrument for “the conservation of biological

diversity, the sustainable use of its components and the fair and equitable sharing of the
benefits arising out of the utilization of genetic resources that has been ratified by 196 nation.

The Wadden Sea is an important refuge for marine mammals. Marine mammals include
Harbour Seal, Grey Seal, and Harbour Porpoise. After centuries of hunting, protection
measures have resulted in recovery of the seal populations. The Wadden Sea now sustains
approximately 20% of the North-east Atlantic subspecies of Harbour Seal: a total of 26,788
were counted in an annual survey in 2013 compared to about 4,000 thirty years earlier
(IUCN, 2009; CWSS, 2013). The number of new-borns counted in 2020 was the highest

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registered since pup surveys began in 2000 and its percentage of the total August moult count
was reported as the second highest ever recorded (Galatius et al., 2020).

Convention 5– Depositional coastline of unparalleled scale and diversity

Last but not least, The Wadden Sea is a depositional coastline of unparalleled scale and
diversity. It is distinctive in being almost entirely a tidal flat and barrier system with only
minor river influences, and an outstanding example of the large-scale development of an
intricate and complex temperate-climate sandy barrier coast under conditions of rising sea-
level. Highly dynamic natural processes are uninterrupted across the vast majority of the
World Heritage site, creating a variety of different barrier islands, channels, flats, gullies,
saltmarshes and other coastal and sedimentary features (IUCN, 2009; 2014; World Heritage
Committee, 2009; 2014)

Applicable National Laws and Implementing Agencies on Wadden Sea

National law can be defined as domestic law, are those laws that exist “within” a
particular nation (State). National laws are also recognized as the expression of the State
itself, since it emanates from the local authority, which could be the law-making institution,
such as the United States Congress or the French Parliament. In some States, called States
with a common law tradition, laws could also come from decisions made by judges, which is
also called case law. Other States, called States with a civil law tradition, do not recognize
judge made law, but only laws enacted by the legislature.

Since 1978, Denmark, Germany and the Netherlands have been cooperating to protect
the Wadden Sea as an ecological entity. The Guiding Principle of the Trilateral Cooperation
on the Protection of the Wadden Sea, in short Trilateral Wadden Sea Cooperation (TWSC), is
“to achieve, as far as possible, a natural and sustainable ecosystem in which natural
processes proceed in an undisturbed way”.
The Cooperation is based on the “Joint Declaration on the Protection of the Wadden
Sea”, which was first signed in 1982 and last updated in 2010. The Joint Declaration is a
declaration of intent and describe the objectives and areas of the cooperation as well as its
institutional and financial arrangements.
For the past four decades, the Cooperation has fostered cooperation and exchange
between partners from politics, nature conservation, science, and administration, as well as
local stakeholders. Together they represent an enormous pool of knowledge and experience.
This transboundary ecosystem-based collaboration was a requirement for the designation of
the Wadden Sea as World Heritage site.
At National level, this study focused on each of the three collaborating countries with a
territorial responsibility within the Wadden Sea area the conservation activities are embedded
in a variety of legal frameworks, national policy plans and programmes, which may differ per
country.

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 National Law 1:Denmark

Figure 2.0 Danish Wadden Sea Park

The Danish Wadden Sea is protected through comprehensive provisions of the

Statutory Order on the Wadden Sea Nature and Wildlife Reserve, municipal planning and
administration of the international protection areas in the Wadden Sea region. In 2010, the
Danish Wadden Sea National Park was established. It is responsible for the implementation
of the National Park Plan, which contains guidelines and objectives for the National Park’s
nature, landscape and cultural heritage values. The Danish National Park Wadden Sea (NPV)
is a unit under the Ministry of Environment and Food (formerly the Ministry of
Environment), the same ministry as the Danish Nature Agency (NST) and Danish for Water
and Nature Management (SVANA).

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 National Law 2: Germany

Figure 3.0 National Park Niedersächsisches Wattenmeer

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In Germany, the coastal federal states of Hamburg, Lower Saxony and Schleswig-Holstein
are in charge of the implementation of the Federal Nature Conservation Act which sets the
framework for establishing nature reserves and national parks. The World Heritage Site
includes three national parks: the National Park Schleswig-Holsteinisches Wattenmeer
(established in 1985), the National Park Hamburgisches Wattenmeer (established in 1990)
and the National Park Niedersächsisches Wattenmeer (established in 1986).

The main objectives of the national parks are to protect the Wadden Sea and to allow
natural processes to take place with a minimum degree of disturbances and other detrimental
effects of human activities. Each national park is protected under a National Park Act by nature
protection law of the respective federal state. The three national park authorities are responsible for
the implementation of the respective legislation and management of the site.

National Law 3: Netherlands

Figure 4.0 Wadden Sea Netherlands

In the Netherlands, protection combines a unique national physical planning

approach, the Key Planning Decision Wadden Sea, 3rd Policy Document Wadden Sea (PKB,
since 1980), with a designation of the Wadden Sea under the Nature Conservation Act 1998,
supported by additional designation such as the Flora and Fauna Act. Together with the
Ecological Main Structure (EHS), they form the basis for protection and management of the
Dutch part of the Wadden Sea. The PKB defines the overall objectives of conservation,
management and use of the Wadden Sea and is binding for all state, regional and local
authorities.

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 Issues in Heritage Protection

Issue 1 The Wadden Sea Not Being Maintained as a Natural Ecosystem

Strong evidence suggests that the natural processes that maintain the health and
productivity of the Wadden Sea ecosystem are not being adequately protected. A major
problem is the failure to control, and where possible, eliminate the adverse impacts created by
human activities (recreation and military manoeuvres) within and surrounding the Wadden
Sea.

This is due primarily to the failure of national, regional and local management plans
governing different sectoral activities to ensure that sufficiently high standards of
environmental planning and management are implemented to ensure the protection of the
Wadden ecosystem. The impact of different activities, the need for improved standards of
environmental management and the conservation of undisturbed areas.

Overexploitation of natural resources. This can be seen from agricultural and

industrial runoff into the World Heritage site, including large amounts of nutrients and toxic
substances released and it was serious in the past but greatly improved through regulation.
However, BirdLife (2009) note that levels of pollutants were slowly increasing again
following a sharp decrease throughout the 1990s, with a large number of substances are still
exceeding safe norms, including organotin compounds, PCBs and hexachlorobenzene.
Furthermore, newly developed xenobiotics, such as hormones disruptors, may have negative
impacts (CWSS, 2012). The most recent monitoring data from 2015, which was determined
though seabird eggshell chemical composition analysis, suggests that there is still cause for
concern with no significant reduction in chemical contamination, including that common tern
eggs exceeding the limit values of Hg, PCB, HCB and DDT under Ecological Quality
Objectives (EcoQOs) defined by OSPAR for coastal bird eggs from the North Sea area
(OSPAR, 2007; Dittmann et al., 2012) at all investigated areas (Kloepper et al., 2017).

Issue 2 Socio-Economic Problems Related to the Conservation of the Wadden

Ecosystem

In attempting to provide equal standards of employment and social facilities, and

protect the Wadden Sea environment, governments are faced with a very difficult situation.
The relative isolation of many parts of the Wadden Sea area, especially many of the islands,
and the lack of infrastructure make it difficult to compete with more industrialized urban
centres for new forms of industrial and commercial development.

The site contains a number of important fisheries, the most prominent of which
are blue mussel and brown shrimp, with the cockle fisheries having been significant in the
past. A legacy of bottom-dredging fishery (the mechanical Dutch cockle fishery in particular)
has destroyed biodiversity-rich communities including the disappearance of the intertidal
mussel beds in some areas of the site (Ens et al., 2004). Studies on the impact of the cockle
fishery in particular concluded that the area of mudflats containing sufficient shellfish for
feeding knots decreased by fifty-five percent between 1996 and 2005. During the same

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period, knot numbers decreased by forty-two percent (Kraan et al., 2009) and was also
attributed to the loss of 15,000 oystercatchers (Ens et al., 2004).

The shrimp fishery, which has been increasing for many years, is also responsible
for a large bycatch of young fish, young shrimp and other invertebrates. Also, a number of
fish species with slow growth (rays and sharks) and reef building animals such as Sabellaria
have disappeared in the Wadden Sea, the shrimp fishery most probably being responsible
(IUCN Consultation, 2017). Except for the Danish Wadden Sea there is very little
management of this fishery. Management is also complicated by the human induced
population growth of brown shrimp, thought to have been induced by overfishing of predator
species such as cod and whiting (Kloepper et al., 2017).

Fisheries have now been further regulated (IUCN, 2009) and the blue mussel and
brown shrimp fisheries are now subject to increased efforts towards sustainability (Kloepper
et al., 2017). These include a transition to alternative fishing methods and a new Management
Plan for North Sea Brown Shrimp; and alternative seed mussel collection technology being
developed (Kloepper et al., 2017) and Denmark has now banned shrimp and mussel fishery
entirely.

International and smaller ports and harbours directly adjacent to the World
Heritage site and shipping lines close to and through the site open up a threat of maritime
pollution. Access to the harbours and maintenance of navigation channels is subject to an
integrated planning system including sediment management, both to maintain the shipping
routes and to avoid environmental impacts to the marine and coastal ecosystems. However, it
is clear that the deepening of the navigation channels also has an impact on the site, which
should be kept as small as possible. Also, there is a tendency to modify and/or enlarge
harbours, with some impact on the site, which must be reduced as much as possible. On New
Year's Day 2019, a cargo ship lost 342 containers and 3,000 tons of cargo overboard,
resulting in huge quantities of litter washing up on beaches and into the sea within the site in
the Netherlands (and to a lower extend also in Germany), leading a report to recommend
measures including those for '(a specific category of) container ships, and if necessary,
alteration of the two shipping routes north of the Wadden Islands' (Corder, 2019).
Designation as an IMO Particularly Sensitive Sea Area (PSSA) and implementation of a
shipping Traffic Management System and emergency contingency plans are state of the art,
but shipping will continue to be a significant risk for the foreseeable future (IUCN, 2009).
Due to intensive wind farm development in the North Sea outside the Wadden Sea there is
clearly an increase in the risk for shipping accidents which would then have an impact on the
site. Industrial plants such as power or chemical plants are close to the site in some areas.

Issue 3 - Tourism/ visitors/ recreation (Visitor and tourism pressures)

Approximately 20 million tourists stay overnight and 30-40 million day trippers visit
the Wadden Sea region, mainly on the islands and the coastal areas on the mainland (IUCN,
2009), other tourism statistics provided in Europarc (2012). The major part of the tourism
activity and infrastructure takes place outside the Wadden Sea. A tourism development
strategy for the World Heritage destinations (the site itself and adjacent areas on the mainland
and islands) has been developed. Tourism activities are comprehensively regulated including
specific management frameworks in all three states; e.g. visitor information and guidance,
zoning, closure of sensitive areas, and guided walks to experience the area (PROWAD, 2014;
CWSS, 2014). However, increased visitor pressure has led to the development of a more

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static coastline and increased disturbance, and may be one of the causes for the detriment of
breeding populations of species such as Little Tern, Kentish Plover and Sandwich Tern
(BirdLife, 2009).
To summarize, tourism in the Wadden Sea today has quite a big impact, but this has
developed over many decades and was not caused by the inscription of the site on the World
Heritage List. Overall (with some local exceptions e.g. showing indication of over-tourism)
the impact is acceptable as of today, with very many areas not being affected by tourism. But
there are risks and challenges for the protection of the area if the number of tourists would
increase considerably (e.g. there is a trend towards more inland tourism in the Wadden Sea
countries)

Initiatives by the Government

Initiative 1 Management system

The collective management effort is somewhat complex (involving several different

associations and/or organisations) but in many ways exemplary, creating true and functional
cooperation between the three countries at different levels (CWSS, 2016). The cooperation is
long-standing and predates the World Heritage nomination, the Trilateral Wadden Sea
Cooperation (TWSC) was established in 1978. The actual management on the trilateral level
is handled by the Common Wadden Sea Secretariat (CWSS), on the national/regional level
by the respective authorities. The Wadden Sea Plan and the Integrated Coastal Zone
Management (ICZM) Strategy, prepared to address recommendations from the European
Parliament on coastal zone conservation and management, provide a framework for
managing the area. There are specific management plans for the different protected areas
within the World Heritage site
(IUCN, 2009). Work towards a single integrated management plan (SIMP) has been started, a
roadmap and actual development onset of the SIMP has been initiated with content
development for the plan beginning in 2020, following a process of gaining an overview of
the management of the Trilateral Wadden Sea Cooperation and identifying key issues for
inclusion in the SIMP (Wadden Sea Board, 2019).

Initiative 2 Law Enforcement

There is in many cases effective law enforcement via local police, coastguards and
naval police forces through an integrated system of patrolling and inspection (IUCN, 2009).
Fishing vessel movement is partly collected using VMS data; however, it is unclear if this is
done in real-time (facilitating fisheries enforcement) or collected later (CWSS, 2016) or at
all. Overall, the management is actively pursuing effective enforcement, however, there are
still few official rangers/wardens and many warden activities are undertaken by volunteers or
employees of NGOs. An observer system has been in place in Dutch and German fisheries
within the site since 2009 to monitor fishing practices as well as gather data on bycatch
(Kloepper et al., 2017), although this system is limited (IUCN Consultation, 2020a).

Initiative 3 Sustainable Finance

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 The site was well supported in terms of human and financial resources at the time of
inscription (IUCN, 2009), and remains so through the commitments made by the three States
Parties in the Joint Declaration on the Protection of the Wadden Sea and corresponding
Trilateral Wadden Sea Cooperation, and the national activities. However, there remains
underfunding in terms of on ground management e.g. warden activities of the area,
coordinating the educational activities (IWSS), or the capacity to develop pilot projects with
the purpose of both restoring lost nature and preparing for the sea level rise.

Initiative 4 Staff Capacity, Training, and Development

Existing staff working directly in the protected areas within the World Heritage site
include over 200 permanent positions covering technical experts, scientist and rangers. These
permanent staff positions are complemented by over 200 additional staff funded by NGOs
and local governments. Staff are mostly highly qualified and subject of on-going training
programmes to enhance their effectiveness (IUCN, 2009). However, the number of wardens
could be increased.

Initiative 5 Education and Interpretation Programs

The site benefits from a highly effective education and interpretation programme
which is now guided by the Wadden Sea Strategy on Education for Sustainable Development
and World Heritage Interpretation, adopted in 2018, which will 'provide a trans-boundary
framework for environmental education and interpretation in the entire Wadden Sea World
Heritage Site. It stands for ONE Wadden Sea and builds up on the local, regional and national
strategies, concepts and individual activities – without replacing these – and provides an
umbrella to promote the Wadden Sea’s OUV in an international and interdisciplinary
approach' (CWSS, 2020b). The “International Wadden Sea School” (IWSS) has been
established to support this network on a permanent basis in cooperation with the WWF
(CWSS, 2014).

Initiative 6 Tourism and Visitation Management

Last, but not least, A Sustainable Tourism Strategy has been developed to enhance the
cooperation between tourism and nature conservation to protect and maintain the OUV of the
site (PROWAD, 2012; CWSS, 2014). Over 50 good interpretation centres exist. There is also
an action plan accompanying the tourism strategy. In terms of monitoring tourism, there is no
comprehensive measurements of tourism activities in place for the entire Wadden Sea
Region, despite available statistics for each country, mainly due to difficulties in harmonising
national statistics under one unified system (Kloepper et al., 2017). The 2017 Quality Status
report recommends 'that the three countries identify which monitoring means can be put in
place in all three countries as part of the TMAP with a view to ensuring appropriate and
compatible monitoring of tourism activities in the entire Wadden Sea Region' (Kloepper et
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al., 2017). There is also a lack of clarity whether there are already signs of over-tourism in
certain spots and how to cooperatively handle/manage the issues associated with this issue
(IUCN Consultation, 2020).

Conclusion

An ecosystem is very crucial to not just animals and plants but humans as well. It
provides the habitat for wild plants and animals to live and humans to procure food. It
controls essential ecological processes and promotes lives and also involved in the recycling
of nutrients between biotic and abiotic components. Therefore, it is very important in keeping
the ecosystem well maintained and suffient so that all living beings can live well for
generations. The impact of not taking care of it would destroy all live including humans as
well.

The Wadden Sea is a unique area in densely populated Europe, with a legacy of
ecological damage prior to inscription. It faces a large number of threats, some of which are
on a global scale and driven by factors outside of the direct control of the management
authority (i.e. climate change). In this study, the researcher focused on Evaluating the Issues
and Laws, Both National and International, in Preserving and Conserving The World
Heritage Site of Wadden Sea. There were many issues and laws that have been highlighted in
this study. However, human negligence is the main cause that deteriorate the Wadden Sea
condition from being strive with living beings to needing regulations imposed in preserving
the ecosystem. Thus, several laws are made and initiaves being caried out to preserve the
Wadden Sea ecosystem.

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Common Wadden Sea Secretariat (n.d.) Recording Holocene history: Formation. Retrieved
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