The Illicit Movement of Underwater Cultural Heritage: The Case of the Dodington Coins

2002 ◽  
Vol 11 (2) ◽  
pp. 267-293
Author(s):  
Craig J. S. Forrest ◽  
John Gribble
Keyword(s):  
Cultural Heritage ◽  
South African ◽  
Underwater Cultural Heritage ◽  
African Heritage ◽  
Unesco Convention ◽  
Heritage Legislation ◽  
Formed Part ◽  
International Conventions ◽  
Gold Coins

In October 1997 the Times of London announced the sale by auction of fourteen hundred gold coins that formed part of the hoard lost by Clive of India when the East Indiaman Dodington was wrecked in Algoa Bay on July 17, 1755. The wreck and its contents lie within South African territorial waters and are protected by South African heritage legislation. Very little gold has ever been reported recovered, despite ongoing excavations, and only a single permit has been issued for the export and sale of twenty–one gold coins. This article will consider the legal steps taken to repatriate the coins, and the difficulties encountered when taking such steps before a foreign court. It evaluates the extent to which existing international conventions, including the recently adopted UNESCO Convention on the Protection of Underwater Cultural Heritage, are able to assist states in repatriating stolen or illegally exported underwater cultural heritage.

Part V Regional Approaches, Ch.35 Asia

2020 ◽  
Author(s):  
Lee Keun-Gwan
Keyword(s):  
National Identity ◽  
Cultural Heritage ◽  
East Asia ◽  
Public Awareness ◽  
South East Asia ◽  
Underwater Cultural Heritage ◽  
Cultural Objects ◽  
Socioeconomic Transformation ◽  
International Conventions ◽  
Protection Of Cultural Heritage

This chapter explores the protection of cultural heritage in Asia. Rapid socioeconomic transformation in East Asia and South East Asia has posed a serious challenge to the cultural heritage of the sub-regions. The substantial damage and destruction inflicted on the cultural heritage, coupled with the growth of public awareness on its importance for national identity, prompted the governments in the region to take action, in particular through promulgation of the laws and regulations for the protection of cultural heritage. In so doing, the meaning of cultural heritage has generally expanded beyond the traditional, tangible cultural objects into intangible and underwater cultural heritage. A series of international conventions for the protection of cultural heritage, adopted under the auspices of UNESCO, has undoubtedly provided much impetus. Also, the question of return or repatriation of cultural objects to their countries of origin looms increasingly large in Asia.

Part II Substantive Aspects, Ch.13 Underwater Cultural Heritage

2020 ◽  
Author(s):  
O’Keefe Patrick J
Keyword(s):  
Cultural Heritage ◽  
Legal System ◽  
Legal Framework ◽  
Underwater Cultural Heritage ◽  
Unesco Convention ◽  
Time Capsule ◽  
International Legal System ◽  
A Site

This chapter focuses on underwater cultural heritage. This form of heritage is important because it constitutes what has been called a ‘time capsule’—meaning everything on a site may well be as it was when it disappeared beneath the water’s surface. It may be the wreck of a ship, the remains of a town, or a prehistoric settlement where land has subsided. There is general agreement that what remains is important to humanity. As such, protection and preservation of the underwater cultural heritage is a significant objective of the international legal system. The UNESCO Convention of 2001 is illustrative of this. However, the Convention exists within the international political and legal framework. In negotiating it, States were constrained by what they felt this framework required. Many were prepared to be generous in how they interpreted those requirements—others not so. The result is a complex agreement requiring care in implementation.

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