On the International Legal Protection of Underwater Cultural Heritage

NIE Bomin ； David Devlaeminck

《中国海洋法学评论》 22期 (2015/12) Pp. 300-323

摘要

Based on the fact that in recent years more and more underwater cultural heritage is disturbed and damaged by unauthorized activities directed towards it, protecting this kind of heritage has become ever more important and urgent, however underwater cultural heritage has not received systematic protection under international law until the 21st century. Referring to international instruments concerning cultural property, the law of the sea, and salvage law, this article argues that although efforts to protect underwater cultural heritage have begun, such protection has been accompanied by various defects and issues. The adoption of the 2001 Convention on the Protection of Underwater Cultural Heritage signifies the establishment of a relatively comprehensive legal framework in this regard. This convention created some significant regimes for the protection of underwater cultural heritage, including preservation in situ, strict restrictions on the application of salvage law, and rules relating to the jurisdiction over underwater cultural heritage within the exclusive economic zone and on the continental shelf. Under current international law, however, conflicts regarding the protection of underwater cultural heritage may still exist, especially concerning issues related to jurisdiction and ownership. This article recommends pathways for State action, inter alia, to proactively implement the 2001 Convention and to encourage further negotiations and cooperative agreements concerning relevant issues.

關鍵字

International legal protection ； Underwater cultural heritage ； Convention on the Protection of Underwater Cultural Heritage