The legal implication of UNESCO Convention 2001 to the law of salvage and law of find in order to protect and to preserve underwater cultural heritage

2019 ◽  
pp. 125-140
Author(s):  
Sri Wartini
Keyword(s):  
Cultural Heritage ◽  
Underwater Cultural Heritage ◽  
Unesco Convention ◽  
The Law ◽  
Legal Implication

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.

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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