International Underwater Cultural Heritage Governance: Past Doubts and Current Challenges

The international legal regime aimed at the protection and governance of underwater cultural heritage is facing substantial strife. Unauthorized salvage and looting are a continuing threat. Additional challenges include disputes between post-colonies and post-colonial powers over title to sunken ves...

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Bibliographic Details
Published inBerkeley journal of international law Vol. 35; no. 2; p. 219
Main Author Sarid, Eden
Format Journal Article
LanguageEnglish
Published Berkeley University of California Press Books Division 01.01.2018
Subjects
Cultural heritage
Environmental protection
International law
Maritime policy
Shipwrecks
Underwater exploration
Underwater resources
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Summary:The international legal regime aimed at the protection and governance of underwater cultural heritage is facing substantial strife. Unauthorized salvage and looting are a continuing threat. Additional challenges include disputes between post-colonies and post-colonial powers over title to sunken vessels, lack of a global policy for the protection of underwater gravesites, and the exploitation of underwater cultural heritage as a means to claim disputed territory. Considerable time has passed since the signing (2001) and entry into force (2009) of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. Notable maritime powers refused to sign the Convention because they were concerned that it would erode international law principles, particularly marine jurisdiction and state-owned vessels’ immunity. The article revisits the maritime powers’ reservations and maintains that in practice these concerns did not materialize. It then demonstrates that the Convention is well suited to facing the current challenges to international underwater cultural heritage governance.
ISSN:1085-5718