The Law of the Sea Convention and Underwater Cultural Heritage

2012 ◽  
Vol 27 (4) ◽  
pp. 753-761 ◽  
Author(s):  
Tullio Scovazzi
Keyword(s):  
Cultural Heritage ◽  
English Text ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
2001 Unesco Convention ◽  
Unesco Convention ◽  
The Law

Abstract As far as underwater cultural heritage is concerned, the regime of the Law of the Sea Convention (LOSC) is fragmentary, insufficient and even counterproductive. The English text of Art. 303, para. 3, can be interpreted as an invitation to the looting of the heritage under a first-come-first-served, or “freedom-of-fishing,” criterion. Only Art. 149, which applies only to “the Area”, takes into consideration the need to use the heritage for the benefit of mankind and the preferential rights of some States. The 2001 UNESCO Convention for the Protection of the Underwater Cultural Heritage tries to bring a remedy to the disastrous aspects of the LOSC regime. In short, even the LOSC can be bad, albeit in very rare instances, and the case of underwater cultural heritage is the most notable one.

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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