Chapter 2. Protection of the Underwater Cultural Heritage: from the Shortcomings of the Un Convention on the Law of the Sea to the Compromises of the Unesco Convention

2006 ◽  
pp. 21-62 ◽  
Keyword(s):  
Cultural Heritage ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
Unesco Convention ◽  
The Law

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.

Draft UNESCO Convention on the Protection of the Underwater Cultural I Heritage 1998

1999 ◽  
Vol 14 (2) ◽  
pp. 171-206
Author(s):  
Nicholas Gaskell ◽  
Sarah Dromgoole
Keyword(s):  
Cultural Heritage ◽  
Comprehensive Analysis ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
General Introduction ◽  
Draft Convention ◽  
Unesco Convention ◽  
Ownership Rights ◽  
The Impact ◽  
The Relationship

AbstractThis article considers certain issues relating to the draft UNESCO Convention on the Protection of the Underwater Cultural Heritage 1998. It is not intended to provide a comprehensive analysis of the draft, which is still only a working document, but the aim is (1) to give a very general introduction to the draft Convention; (2) to consider the relationship between the draft Convention and the UN Law of the Sea Convention 1982; (3) to assess the impact that the draft Convention would have on ownership rights in wrecks; (4) to examine whether the draft Convention should exclude warships and other State vessels from its scope; and (5) to analyse the relationship between the draft Convention and the law of salvage.

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.

The Contiguous Zone as an Archaeological Maritime Zone

2014 ◽  
Vol 29 (1) ◽  
pp. 1-51 ◽  
Author(s):  
Mariano J. Aznar
Keyword(s):  
Cultural Heritage ◽  
Future Generations ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
Legal Problem ◽  
Public And Private ◽  
Legal Rules ◽  
Limited Enforcement ◽  
State Practice ◽  
The Law

Abstract The law of the sea, mainly codified in the UN Convention on the Law of the Sea (losc), does not properly address the protection of underwater cultural heritage. This is particularly evident for the contiguous zone, a maritime area where different public and private marine activities may be threatening that heritage. Articles 33 and 303(2) losc are counterproductive and may create a legal problem that the 2001 unesco Convention on the protection of underwater cultural heritage tries to solve and clarify. In addition to this Convention, State practice shows how coastal States have been expanding their rights over their contiguous zone by adding legislative powers to the limited enforcement powers allegedly endorsed in the losc. This article tries to demonstrate that general and consistent State practice over the last decades, both conventional and unilateral, has produced a change in the legal rules governing the coastal States’ archaeological rights over their contiguous zone, expanding them with no clear objection among States, which now consider the protection of underwater cultural heritage—a generally absent interest during the negotiation of the losc—indispensable to safeguard for future generations the fragile elements composing that heritage.

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