The convention emphasizes the preservation in situ of underwater cultural heritage, as well as nonintrusive methods of documentation of said culture for the education of the public. The management of the underwater cultural heritage. Maritime spatial planning mspunder a placebased approachcreates better chances for uch to receive more attention in the future compared to other resources, since it is considered. Scope, coexistence, and overlapping of legal instruments. Today underwater cultural heritage is however endangered and still insufficiently protected, known and researched. Cambridge university press 9780521842310 underwater. The international conference on the protection of the underwater cultural heritage will take place from 17 to 19 june 2019 at les ateliers des capucins in the city of brest, france. Feb 15, 2010 sets out basic principles for the protection of underwater cultural heritage. Convention on the protection of the underwater cultural heritage paris, 2 november 2001. D the general assembly of states parties to the world heritage convention. Unesco convention on the protection of the underwater cultural heritage. Pdf the underwater cultural heritage mark staniforth. International protection of underwater cultural heritage.
Section on international law and practice, american bar association the exploration of underwater archaeological sites including shipwrecks and other evidence of human existence presents a variety of fascinating and complicated legal. According to the unesco convention on the protection of underwater cultural heritage of 2001, the term heritage is understood as all traces of human. Ensuring the preservation of submerged treasures for the next. The convention on the protection of the underwater cultural heritage is a treaty that was adopted on 2 november 2001 by the general conference of the united nations educational, scientific and cultural organization unesco. Introduction in a historic moment that culminated almost a decade of negotiations, the convention on the protection of the underwater cultural heritage uch convention was adopted on 2 november 2001. Unescos convention on the protection of the underwater. The protection of underwater cultural heritage program e. The us had one of the largest delegations and perhaps the most controversial, as in addition to representatives of various government agencies, museums, archaeological institutions and recreational dive organizations, it also included representatives of the. Article 7 underwater cultural heritage in internal waters, archipelagic waters and territorial sea 1. Apr 18, 2018 garabello r 2003 the negotiating history of the convention on the protection of the underwater cultural heritage. The protection of the underwater cultural heritage.
Archaeology doesnt make any sense if it is not communitydriven. The conference is a forum for discussion of technical and ethical issues related to underwater cultural heritage and underwater archaeology. Unesco convention on the protection of the underwater. Underwater cultural heritage sustainable development. On top of that, ther e is the search for documented wrecks and document ed episodes in national history. The conference has grown significantly since 2011 when 128 delegates from 35 nations attended in manila and in 2014 when 180 delegates attended representing 40 nations. Operational guidelines for the implementation of the world heritage convention 45 documents for specific projects and before making any decisions that would be difficult to reverse, so that the. That brings us to the unesco convention on the protection of underwater cultural heritage. Underwater cultural heritage policies of the united states.
The entry into force of the 2001 unesco convention on the. Through this instrument nations of the world have agreed to inverltory. Jh merryman has been a very vocal critic of the convention, because it completely precludes commercial exploitation, as was the case here. Article 4 states that any activity relating to underwater cultural heritage should not be subject to the law of salvage or law of finds, unless authorised by the competent authorities. Garabello r, scovazzi t eds the protection of the underwater cultural heritage, before and after the 2001 unesco convention. Pdf the unesco 2001 convention on the protection of the. Introduction to the unesco convention on the protection of. Southeast asia ministries of culture met to discuss the safeguarding and reviving the shared maritime and underwater cultural heritage of southeast asia. The convention has received little support from most european nations and the united states. The current situation of maritime cultural property under the interna tional law of the sea 1. The protection and management of underwater cultural heritage uch is a challenging topic, as it involves the interplay of united states u.
Convention on the protection of the underwater cultural heritage. Publication and primary data sharing are the most important ethical rules of this convention. Natural heritage 1972, the convention for the protection of the underwater cultural heritage 2001, the convention for the safeguarding of the intangible cultural heritage 2003, the convention for the protection and promotion of the diversity of cultural expressions 2005. Underwater cultural heritage international law oxford. The convention provides a standard for managing activities directed at underwater cultural heritage wherever it is located. Transparency is the key factor to raise the public awareness and create a public value for archaeology. For the purpose of this convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international cooperation and assistance designed to support states parties to the convention in their.
The ultimate goal of unescos normative action is to. Underwater heritage maritime and underwater cultural. The seabed is often called the biggest museum of the world. It was until rescently that the country has started some initiatives to identify and manage her maritime and underwater heritage assets. The unesco conventionon underwater cultural heritage and the international law of the sea markus rau i. The unesco conventionon underwater cultural heritage and the. The cpuch can be seen as a reasonable defence against the disastrous regime on underwater cultural heritage set forth by the united nations convention on the law of the sea unclos. Pdf the 2001 unescoconvention on the protection of the. On november 2, 2001, the unesco convention on the protection of the underwater cultural heritage was adopted by the plenary session of the general conference. But lets get back to underwater archaeology and how it plays a role in this context.
The unesco convention on the protection of the underwater. Operational guidelines for the implementation of the world. Pdf ethics, underwater cultural heritage, and international law. The unesco convention on the protection of the underwater cultural heritage is the foremost international treaty concerning submerged heritage adopted by the unesco general conference in 2001.
It also states that any activities directed at underwater cultural heritage must avoid. Information brochure on the 2001 convention pdf frequently asked questions pdf learn about the convention. The concept of heritage evokes images of monuments, historic buildings and other cultural property on terrestrial sites. For the purpose of this convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co operation and assistance designed to support states parties to the convention in their efforts to conserve and identify that heritage. Culture and development from the protection of the. The underwater cultural heritage uch includes all the material evidence of human activities carried on in the marine environment, particularly as evidenced on the sea floor.
Amendment to the draft unesco convention proposed by russia. The unesco conventionon underwater cultural heritage and. Establishing a maritime and underwater cultural heritage unit in tanzania humphrey mahudi1 abstract tanzania has a coastline of about 1,424 kilometres km with many famous ancient coastal towns such as zanzibar, kilwa, mafia and bagamoyo. An overview the world heritage convention, whose full title is the conve,tion concerning the protection of the world cultural and natural heritage, was adopted by unesco in 1972. Underwater cultural heritage and international law the unesco convention on the protection of the underwater cultural heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deepwater technology. The 2001 convention benefits underwater cultural heritage in various ways. Each state party to this convention undertakes not to take any deliberate measures which might damage directly or indirectly the cultural and natural heritage referred to. This includes three million shipwrecks such as titanic, belitung and the 4,000 shipwrecks of the sunken fleet of kublai khan. The inclusion of underwater cultural heritage is suggested, as this heritage provides the.
The draft was forwarded to unesco for consideration and formed the original basis for discussion leading to the convention on the protection of the underwater cultural heritage. The newly adopted united nations education, scientific and cultural organizations convention on the protection of the underwater cultural heritage provides the first universal protection regime for this value archaeological resource. Private salvors have been the impetus behind most of the discovery and recovery of underwater cultural artifacts. Convention on the protection of the underwater cultural. The legal protection of the underwater cultural heritage is a field in which there is growing international interest. The convention today has 1 countries that are party to it. Unesco convention on the protection of the underwater heritage. One of the commonly agreed upon principles concerning the preservation of underwater cultural heritage, as set out in the 2001 unesco convention on the protection of underwater cultural heritage, is that preservation in situ should be the first option preamble, article 2. The protection of underwater cultural heritage program report of the rapporteur spring meeting 2003, washington d. United states position on the 2001 unesco convention on the protection of the underwater cultural heritage the united states us has stated its support for the preamble, the annex rules and most of the general principles of historic preservation in the 2001 unesco convention the us actively participated as an observer delegation in the negotiation. There are also sunken ruins and cities, like the remains of the pharos. Protection of the underwater cultural heritage 2001 unesco convention okeefe 2002. Unesco convention on the protection of underwater cultural. Towards ratification australias underwater cultural heritage.
Underwater cultural heritage encompasses all traces of human existence that lie or have lain underwater and have a cultural or historical character. Underwater cultural heritage uch constitutes an invaluable asset, which is lately being challenged by the blue growth trend that cannot be easily reconciled with the goal of uch preservation and promotion. The 1972 world heritage convention in the framework of other unesco conventions on cultural heritage. This is done by the established maritime and underwater cultural heritage much program which officially started in february 2009. It will focus on questions of the ratification and implementation of the convention, discuss the future of underwater cultural heritage protection and also of the. Pdf on jan 1, 2007, thijs j maarleveld and others published the 2001 unescoconvention on the protection of the underwater cultural heritage. C the states parties to the world heritage convention. United nations educational, scientific and cultural organization.
The protection of underwater cultural heritage in international law lowell bautista1 1. Protection and management of underwater cultural heritage uch for sustainable development in the pacific key points pacific sids have a strong cultural connection to the sea which is manifested in tangible and intangible cultural heritage, including uch. Paris, 2001 entered into force for the first 20 states that decided to become parties to it. Tanzanian maritime and underwater cultural heritages. The protection of underwater cultural heritage, including historic shipwrecks, represents serious chal lenges for the worlds economic, political and legal regimes robol 1999. Its most important tool to do so is the convention on the protection of the underwater cultural heritage of 2001.
Improving the protection of underwater cultural heritage. Ulrike guerin, editor of the manual for activities directed at underwater cultural heritage. Protection of underwater cultural heritage in china. States parties, in the exercise of their sovereignty, have the exclusive right to regulate and authorize activities directed at underwater cultural heritage in their internal waters, archipelagic waters and territorial sea. On 2 january 2009 the convention on the protection of the underwater cultural heritage cpuch. Internationally, the united states strongly supported the convention on the protection of underwater cultural heritage which would be developed under the auspices of unesco convention and would, inter alia.
The towns host many underwater cultural heritage uch sites which are not yet documented. The third asiapacific conference on underwater cultural heritage will be held in hong kong at the hong kong maritime museum from 27 november to 2 december 2 017 excursions 12 december. Underwater cultural heritage united nations educational. Research underwater cultural heritage asia pacific. Stakes and challenges for underwater cultural heritage in. In november 2001, in an effort to prevent this from happening and to establish rules for the proper treatment of underwater cultural heritage, some 87 states voted in favor of adopting the unesco convention on the protection of the underwater cultural heritage. Underwater cultural heritage shall not be traded, sold, bought or bartered as commercial goods. Activities, such as intergovernmental meetings, regional trainings and technical assistance missions as well as awarenessraising campaigns are scheduled to further the protection of underwater cultural heritage worldwide. In contrast to the limited publication policy when the full text of an agreement may not be reproduced in the unts in its entirety, the objective of applying the partial publication method to a particular situation is to speed up the publishing effort by e. This article version 412866934 presents a very slanted, onesided view of this issue. Department of arts and culture dac briefing mr mbhazima makhubele, director for heritage policy, department of arts and culture, apologised that mr themba wakashe, directorgeneral, was unable to be present, briefed the committee on the unesco convention on the protection of underwater cultural heritage. The commercial exploitation of underwater cultural heritage for trade or speculation or its irretrievable dispersal is fundamentally incompatible with the protection and proper management of underwater cultural heritage.
Part iii relation of the world heritage convention with other relevant international treaties. The chinese people have long been concerned with the protection of underwater cultural heritage. The united nations convention on the law of the sea has two pertinent uch provisions. The unesco convention on the protection of the underwater cultural heritage, adopted in 2001, is intended to enable states to better protect their submerged cultural heritage. Ensuring the preservation of submerged treasures for the.
Unesco convention on the protection of the underwater cultural heritage paris, 2 november 2001 212 b documents relating to the unesco convention 6. Unescos convention on the protection of the underwater cultural heritage, five years on. A central difficulty in concluding this convention was defining underwater cultural heritage. She was supported by the able arturo da silva as organizer and facilitator. In situ preservation of underwater cultural heritage as an. One of these is scuba, self contained underwater breathing apparatus which, after development during the second world war, became a considerable force in the discovery and exploration of shallow shipwrecks and underwater 287 threats to underwater cultural. The convention is intended to protect all traces of human existence having a cultural, historical or archaeological character which have been under water for over 100. Niue ratifies unesco convention on the protection of the underwater cultural heritage.
International law association draft convention on the protection of underwater cultural heritage buenos aires, 20 august 1994 230 7. The unesco convention on the protection of the underwater cultural heritage is the international communitys response to the destruction of submerged archaeological sites by treasurehunters and industrial activities. Convention on the protection of underwater cultural. However, under the 1972 world heritage convention, it includes natural and cultural resources and sites which are so special that there is interest in preserving them for future generations. Defining underwater cultural heritage sciencedirect. The united nations educational, scientific and cultural organization unesco has also promulgated an underwater cultural heritage convention in 2001, aimed at governing all underwater heritage resources. Unesco is entitled to their beliefs on that, but the article itself presents itself as though the only valid vantage is that of unesco which makes no distinction between. The 2017 conference will discuss among other topics issues associated with the ratification of the unesco convention on the protection of underwater cultural heritage 2001. Underwater cultural heritage can provide vital evidence about how human populations have adapted to, or been affected by climate changes in the past. International law literature begun to focus increasingly on the legal protection of underwater cultural heritage in the 1970s and 1980s based on two developments. This includes three million shipwrecks such as titanic, belitung and the 4,000 shipwrecks.
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