Protecting the underwater cultural heritage. The international law association draft convention

Marine Policy ◽  
1996 ◽  
Vol 20 (4) ◽  
pp. 297-307 ◽  
Author(s):  
Patrick J O'Keefe
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Underwater Cultural Heritage ◽  
Draft Convention

The Protection of the Underwater Cultural Heritage

1996 ◽  
Vol 45 (4) ◽  
pp. 819-843 ◽  
Author(s):  
Janet Blake
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Good Practice ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
International Maritime Organisation ◽  
International Convention ◽  
Draft Resolution ◽  
Draft Convention ◽  
The Subject

In November 1995 a draft resolution was presented to the 28th General Conference of UNESCO which, among other matters, dealt with the organisation's future activities in the field of the underwater cultural heritage.1 In conjunction with this resolution, the text of a draft Convention for the Protection of the Underwater Cultural Heritage prepared by the International Law Association (ILA) was presented to the General Conference as the possible basis for a new international convention on the subject.2 Annexed to this draft Convention text was the Charter for the Protection and Management of the Underwater Cultural Heritage prepared by the International Council of Monuments and Sites (ICOMOS)3 to accompany the ILA draft Convention and serve as a set of criteria of good practice to be applied by States parties to the Convention. The General Conference adopted the draft resolution without any change and this therefore forms the basis for future deliberations within UNESCO over this issue, the question whether to draft an international convention on the basis of the ILA draft text having been a central part of the deliberations. Subsequent to the adoption of the resolution, meetings have been held between UNESCO and various bodies with an interest in the issue (such as the International Maritime Organisation and the International Oceanographic Commission as well as the UN Law of the Sea office). Following these consultations, it was agreed to hold a joint meeting of representatives of these organisations with chosen experts in order to examine the ILA draft Convention along with any other material relevant to a new legal instrument for the protection of the underwater cultural heritage.

The Cultural Heritage Law Committee of the International Law Association: General Session, August 16, 2010

2010 ◽  
Vol 17 (4) ◽  
pp. 661-661
Author(s):  
James A. R. Nafziger
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Buenos Aires ◽  
Underwater Cultural Heritage ◽  
General Session ◽  
The Status ◽  
Draft Convention ◽  
Unesco Convention ◽  
The Hague

Twenty-two members of the International Law Association's Committee on Cultural Heritage Law attended a working session in The Hague. The committee first reviewed the status of its past projects, focusing this time on the UNESCO Convention for the Protection of the Underwater Cultural Heritage, which resulted from the Committee's Buenos Aires Draft Convention on that subject. Now that the treaty is in force, the committee considered the actual and potential status of accession by maritime powers.

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.

Sign in / Sign up

Export Citation Format

Share Document