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.

2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage

2003 ◽  
Vol 18 (1) ◽  
pp. 59-108 ◽  
Author(s):  
Sarah Dromgoole
Keyword(s):  
Cultural Heritage ◽  
Dispute Settlement ◽  
Legal Framework ◽  
Control Mechanisms ◽  
Underwater Cultural Heritage ◽  
Sovereign Immunity ◽  
2001 Unesco Convention ◽  
Private Rights ◽  
Unesco Convention ◽  
Scope Of Application

AbstractThe UNESCO Convention on the Protection of the Underwater Cultural Heritage, adopted in November 2001, is designed to create a legal framework to regulate interference with underwater cultural heritage (UCH) in international waters. This article briefly considers the background to the Convention and discusses its main provisions. These relate to the scope of application of the Convention; its objectives and general principles; its approach to private rights; its treatment of state vessels and the question of sovereign immunity; and its relationship with the UN Convention on the Law of the Sea 1982. The article then goes on to examine in detail the control mechanisms that the Convention adopts in respect of each maritime zone and the sanctions that contracting states will be required to impose for violations. Finally, dispute settlement procedures are briefly considered, before the article concludes with comments on the Convention's likely impact and effectiveness.

scholarly journals Weaknesses in the Law Protecting the United Kingdom’s Remarkable Underwater Cultural Heritage: The Need for Modernisation and Reform

2019 ◽  
Vol 15 (1) ◽  
pp. 69-94
Author(s):  
Josh B. Martin ◽  
Toby Gane
Keyword(s):  
Cultural Heritage ◽  
Legal System ◽  
Legal Framework ◽  
Underwater Cultural Heritage ◽  
Policy And Practice ◽  
Legislative Reform ◽  
The United Kingdom ◽  
The Uk ◽  
Considerable Loss ◽  
Future Management

Abstract Despite the United Kingdom (UK) having been regarded as one of the richest hotspots for underwater cultural heritage (UCH), its policy and practice regarding its protection has displayed some areas of weakness. This paper makes a case to review the legal framework and its overall administration in the UK, in order to protect and preserve any remaining UCH before it is further lost or damaged. First, we introduce some of the flaws in the UK’s legal system protecting UCH, demonstrating how it has led to a considerable loss of cultural heritage and underlining how it is in need of modernisation. This includes discussion of issues raised in a number of recent cases, including the proposed Victory (1744) recovery project, the proposed Goodwin Sands dredging licence and various cases relating to the illegal recovery of material. We then map out how policy is implemented in practice and the role played by various institutions involved with its administration, where we find a schism between what policy intends and what it is achieving in practice. This takes us towards a broader discussion on how legislative reform might look, including a more proactive and ambitious approach to the future management and enjoyment of the UK’s impressive UCH. Here we argue the need for better engagement at the global and regional negotiating table, as well as in favour of adopting a unified and consistent policy which aims to be more sustainable, precautionary, proportionate and inclusive.

scholarly journals THE BRITISH RATIFICATION OF THE UNDERWATER HERITAGE CONVENTION: PROBLEMS AND PROSPECTS

2018 ◽  
Vol 67 (4) ◽  
pp. 833-865 ◽  
Author(s):  
Hayley Roberts
Keyword(s):  
Cultural Heritage ◽  
Legal Framework ◽  
The State ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
Sovereign Immunity ◽  
Coastal State ◽  
Unesco Convention ◽  
Definition Of ◽  
The Uk

AbstractThe UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001 came into force in 2009, providing a much-needed international legal framework for the protection of underwater cultural heritage (UCH). This article explores the reasons why the UK has neglected to ratify the Convention and why accession should now be prioritized. In doing so, the article reconciles the UK's stance with the agreement; moving the State into a position where it can reconsider ratification. In this context, it examines the definition of UCH and the purpose of the Convention, the extension of sovereign immunity for wrecked warships, and the likelihood of creeping coastal State jurisdiction beyond the competences conferred by the UN Convention on the Law of the Sea. This transformative analysis moves forward the debate on these issues and is of international significance to States that have been similarly hesitant to ratify the Convention until now.

China’s Maritime Silk Road Initiative and the Protection of Underwater Cultural Heritage

2017 ◽  
Vol 32 (3) ◽  
pp. 510-543 ◽  
Author(s):  
Ran Guo
Keyword(s):  
South China Sea ◽  
Cultural Heritage ◽  
Legal Framework ◽  
Silk Road ◽  
Underwater Cultural Heritage ◽  
Basic Principles ◽  
International Protection ◽  
Joint Development ◽  
Maritime Silk Road ◽  
International Obligations

Abstract China’s 21st-Century Maritime Silk Road Initiative urges the protection of underwater cultural heritage on the Maritime Silk Road, which demands China’s effort as much as that of international community. The Convention on the Protection of the Underwater Cultural Heritage (unesco Convention) provides an international legal framework for China to protect underwater cultural heritage and facilitate cooperation with other State Parties. China’s concerns over ratifying the unesco Convention mainly relate to its jurisdiction, ownership and international obligations on the issue, which can be solved with the basic principles and a revision of Chinese laws. China’s ratification will ensure the international protection of underwater cultural heritage on the Maritime Silk Road; and more importantly, it will provide an opportunity for the joint development in the South China Sea, thus breaking the bottleneck of the Maritime Silk Road Initiative. Therefore, China should ratify the unesco Convention.

Sign in / Sign up

Export Citation Format

Share Document