Maritime Wrecks: Where the Lex Ferenda of Underwater Cultural Heritage Collides with the Lex Lata of the Law of the Sea Convention

1998 ◽  
Author(s):  
Jean Allain
Keyword(s):  
Cultural Heritage ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
The Law

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.

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.

Underwater Cultural Heritage in Africa and Questions of Immunity, State Ownership and Succession: What Role for Equity?

2020 ◽  
Vol 35 (2) ◽  
pp. 264-294
Author(s):  
Michail Risvas
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
State Ownership ◽  
Cultural Value ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
Balanced Distribution ◽  
The Law

Abstract Underwater cultural heritage (UCH) is an emerging topic of the law of the sea and international law. Nonetheless, little attention has been paid to UCH situated off the coasts of Africa, despite its archaeological, historical and cultural value. At the same time, there is a growing trend of restitution of cultural heritage removed from African States by their former (Western) colonial powers. Against this background the article argues that the principle of equity regarding State ownership, succession in relation to, and immunity of, African UCH constitutes the mechanism which can lead to a more balanced distribution of UCH between Western and African States.

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