The Protection of the Underwater Cultural Heritage: National Perspectives in light of the UNESCO Convention 2001 - Edited by Sarah Dromgoole

2007 ◽  
Vol 36 (1) ◽  
pp. 195-196
Author(s):  
JOHN GRIBBLE
Keyword(s):  
Cultural Heritage ◽  
Underwater Cultural Heritage ◽  
Unesco Convention

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.

The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage and Its Principles Relating to the Recovery and Disposition of Material from Shipwrecks

2020 ◽  
pp. 293-314
Author(s):  
Sarah Dromgoole
Keyword(s):  
Cultural Heritage ◽  
Marine Environment ◽  
Underwater Cultural Heritage ◽  
Basic Principles ◽  
Main Text ◽  
2001 Unesco Convention ◽  
Unesco Convention ◽  
Scope Of Application ◽  
Potential Impact ◽  
Prevalent Form

The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage is designed to regulate activities directed at heritage assets located in the marine environment. Basic principles and objectives are enunciated in the main text of the treaty and ‘Rules’ setting out internationally accepted archaeological standards are enshrined in the treaty’s Annex. Section I of this chapter summarizes the background to the Convention and its material scope of application before going on to outline its provisions with respect to the recovery and disposition of heritage assets that fall within its scope. Section II draws attention to certain problems that may arise when these provisions are applied to the most prevalent form of underwater cultural heritage: shipwrecks. In the concluding section, some explanation is given for why these issues are not properly catered for by the Convention and some consideration given to their potential impact in the future.

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.

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