Underwater Cultural Heritage: International Law Regime

2020 ◽  
pp. 10791-10795
Author(s):  
Tullio Scovazzi
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Underwater Cultural Heritage

Maritime Claims and Underwater Archaeology: When History Meets Politics

2021 ◽  
Vol 4 (1-2) ◽  
pp. 1-131
Author(s):  
Mariano J. Aznar
Keyword(s):  
South China Sea ◽  
Cultural Heritage ◽  
International Law ◽  
South China ◽  
Ethical Issues ◽  
Underwater Archaeology ◽  
Underwater Cultural Heritage ◽  
Archaeological Heritage ◽  
Territorial Claims ◽  
Legal And Ethical Issues

Abstract Among other circumstances relevant to maritime delimitations, some States have recently used the protection of underwater cultural heritage (UCH) as grounds for advancing jurisdictional or sovereignty claims over different maritime areas. After identifying the contours of current international law governing that heritage, this book critically addresses: first, the generally limited use of archaeological heritage in territorial claims; second, the broad acceptance by States of ‘archaeological maritime zones’ that overlap with declared contiguous zones; and, third, the (mis)use of UCH and underwater archaeology in three still disputed maritime claims, namely, Canada’s claim in Arctic waters, China’s in the South China Sea, and Russia’s in Crimea and its surrounding waters. Legal and ethical issues related to underwater archaeology are also discussed.

Ethics, Underwater Cultural Heritage, and International Law

2012 ◽  
Author(s):  
Thijs J. Maarleveld
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
International Development ◽  
Historical Review ◽  
Maritime Archaeology ◽  
Underwater Cultural Heritage ◽  
Archaeological Heritage ◽  
Maritime Law ◽  
Ethical Discussion

Maritime archaeology has given rise to quite a few issues. The meaning of heritage for the society has undergone changes, and thus, ethical discussion has evolved, which is discussed in this article. Archaeological discourses include a historical review that is helpful in understanding how insights have developed. Archaeology is not uniform and archaeological heritage has been studied through different approaches and thinking. An item attributed heritage value in one part of the continent may not be regarded as the same in another part of the continent. For maritime archaeology, this national bias has been influential in several ways and it continues to be so. The principle that “heritage” is a public matter is quite central in the developing ethics of the archaeological profession. This article finally discusses the international development of a body of maritime law specifically concerning underwater cultural heritage.

The Underwater Cultural Heritage and Marine Scientific Research in the Exclusive Economic Zone

2009 ◽  
Vol 43 (1) ◽  
pp. 93-100 ◽  
Author(s):  
Katherine L. Croff
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Current Practice ◽  
Scientific Research ◽  
Exclusive Economic Zone ◽  
Underwater Cultural Heritage ◽  
Unesco Convention ◽  
Historical Objects ◽  
Economic Zone ◽  
The Relationship

AbstractThis paper reviews the relationship between activities aimed at the underwater cultural heritage and marine scientific research in the exclusive economic zone, in particular the question of whether or not underwater cultural heritage research can be classified as marine scientific research. The study examines the definitions, practice, and jurisdiction of each, according to the Third UN Conference on the Law of the Sea, the UNESCO Convention on the Protection of the Underwater Cultural Heritage, and States’ current practice. By revising the current interpretation of international law, underwater cultural heritage research can potentially be classified as marine scientific research. The inclusion of archaeology as marine science would have implications that would open up new rights and responsibilities of coastal and research States, as both fulfill their duties to protect and preserve archaeological and historical objects found on the seabed.

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