Otherwise, the removal of the historical object or objects found under the sea and their. The protection and management of underwater cultural heritage uch is a challenging topic, as it involves the interplay of united states u. In situ preservation of underwater cultural heritage as an. Protection of underwater cultural heritage in china. International cultural heritage law janet blake oxford. Cultural heritage includes tangible culture such as buildings, monuments, landscapes, books, works of art, and artifacts, intangible culture. Cultural heritage is the legacy of physical artifacts and intangible attributes of a group or society that is inherited from past generations. 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. 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. Ethics, underwater cultural heritage, and international law oxford. Cultural heritage, cultural rights, cultural diversity. Law of the prc on the protection of cultural relics 2015 lpcr. Not all legacies of past generations are heritage, rather heritage is a product of selection by society. Public and private in the international protection of global.
Shipwrecks and other underwater cultural remains are facing the increasing risk of serious damage or destruction through the. The worlds cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Closing the gaps in the law protecting underwater cultural heritage on the outer continental shelf ole varmer. This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. As will be seen, the united states has legislation specifically deal ing with underwater cultural heritage only within a 3mile territorial sea abandoned shipwreck. Even though the united states is not a party to either of these conventions, there are a number of u. The unesco conventionon underwater cultural heritage and. Enforcing international cultural heritage law oxford.
Sarah dromgoole, underwater cultural heritage and international law cambridge. In situ preservation of underwater cultural heritage. Recording, documenting and, ultimately, protecting underwater cultural heritage is an obligation of mankind and dictated by international treaties like the convention on the protection of the. General introduction underwater cultural heritage and. The unesco conventionon underwater cultural heritage and the international law of the sea markus rau i. On top of that, ther e is the search for documented wrecks and document ed episodes in national history.
The current situation of maritime cultural property under the interna tional law of the sea 1. Southeast asia ministries of culture met to discuss the safeguarding and reviving the shared maritime and underwater cultural heritage of southeast asia. It sets out the international including regional law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policymaking. On the international legal protection of underwater cultural heritage 301 i. Crossing into many disciplines, cultural property law continues to grow as an established area of practice and study. Art, cultural heritage and the market springerlink. A new international regime for the protection of cultural. Underwater cultural heritage and international law in. Cultural heritage research guide international law peace. Pdf international law and the protection of cultural. International law and the protection of cultural heritage. Over a period of almost fifty years, the united nations educational, scientific and cultural organisation has adopted five international conventions that attempt to protect this cultural heritage.
The law related to underwater cultural heritage in china 3. Underwater cultural heritage and international law sarah. The underwater cultural heritage act 2018 is an australian act of parliament designed to protect shipwrecks, sunken aircraft and their associated artefacts, that occurred 75 or more years ago, regardless of whether their location is known. Abstract underwater cultural heritage uch, which includes evidence of past cultures preserved in shipwrecks, enables the relevant epistemic communities to open a window to the unknown past and enrich their understanding of history. Niue ratifies unesco convention on the protection of the underwater cultural heritage. The underwater cultural heritage is a field in which there has been growing international interest.
Situated between admiraltyprivate maritime law, the law of the sea, and cultural heritage law, the legal framework of underwater cultural heritage law is robust. Cultural heritage in eu policies summary 2018 is devoted to the european unionscultural heritage. Blumberg, attorneyadvisor, office of oceans affairs university of virginia center for oceans law and policys annual conference on law of the sea issues in the east and south china seas xiamen, china march 12, 2005. Art and cultural heritage is appropriately, but not solely, about national and international law respecting cultural heritage. Apr 18, 2018 in situ preservation is not necessarily the best underwater archaeological solution, nor is it legally required in all circumstances. On the international legal protection of underwater. Definition of cultural heritage international council on. The idea of cultural heritage as an international public good can be traced back to the preamble of the 1954 hague convention for the protection of cultural property in the event of armed conflict, according to which damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind. Cultural heritage, cultural rights, cultural diversity new. The law pertaining to underwater cultural heritage is relatively new and involves a weave of domestic and international law, including the law of the sea, maritime law, property law, sovereign immunity, historic preservation law and the standards and practices of archaeology. The protection of underwater cultural heritage in international law lowell bautista1 1. Admiralty law is a branch entrenched within private international law relating to the control of maritime practices between private entities. Rather, it is the first and, perhaps, the most technically desirable option, when archaeological, legal, and political circumstancesin that orderso advise. International protection of underwater cultural heritage.
The protection of underwater cultural heritage in inte berkeley law. Underwater cultural heritage united nations educational. Closing the gaps in the law protecting underwater cultural. Underwater cultural heritage and international law. This article finally discusses the international development of a body of maritime law specifically concerning underwater cultural heritage. Stakes and challenges for underwater cultural heritage in. The principle that heritage is a public matter is quite central in the developing ethics of the archaeological profession. Read sarah dromgoole, underwater cultural heritage and international law, cambridge, cambridge university press, 20, pp.
Download it once and read it on your kindle device, pc, phones or tablets. The idea of cultural heritage as an international public good can be traced back to the preamble to the 1954 hague convention for the protection of cultural property in the event of armed conflict, according to which damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to. The unesco convention on underwater cultural heritage and the. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Underwater cultural heritage and international law by. Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policymakers, museum curators and collectors, human rights activists and investment lawyers. 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. Keywords underwater cultural heritage salvage 2001 unesco convention law of the sea the views expressed here are those of the authors in their individual capacity and do not necessarily re. Underwater cultural heritage and international law sarah dromgoole the first fullscale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades. The draft convention on the protection of the underwater. This committee has long been active in the debate on the worldwide looting of antiquities and provided a lively catalyst for. The unesco conventionon underwater cultural heritage and the.
Underwater cultural heritage and international law by sarah. International cultural heritage law oxford scholarship. New developments in international law explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples as well with individual and collective human rights. The value of underwater cultural heritage the world has been undergoing a process of modernization, and more and more countries have begun to realize the significance of cultural heritage, either tangible or intangible.
International law literature begun to focus increasingly on the legal protection of underwater cultural heritage in the 1970s and 1980s based on two developments. International art and cultural heritage college of. 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. The first greek law that governed greek antiquities was passed in 1834. Underwater cultural heritage and international investment law valentina sara vadi. A supplementary resolution appended to the law states that the central organ in charge i. This book explores the international including regional law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policymaking. Pdf ethics, underwater cultural heritage, and international law. Underwater cultural heritage and international law cambridge studies in international and comparative law kindle edition by dromgoole, sarah. The situation of the cultural heritage has deteriorated during recent years as a result. Unesco and the first one specifically addressing the protection of underwater cultural heritage uch in international law. Legal protection of the underwater cultural heritage. It sets out the international including regional law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international 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.
The protection of the underwater cultural heritage. International laws and perspectives related to the underwater cultural heritage p. This paper focuses on the evolution of the very notion of cultural heritage, its role and place in society,as well asthe way it is perceived and interpretedin the context ofrelatedeu prerogatives. The law applicable to marine salvage in the united states is the general maritime law, as modified by relevant statutes, treaties and other 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. Use features like bookmarks, note taking and highlighting while reading underwater cultural heritage and international law cambridge studies in international and. Protection of underwater cultural heritage beyond the. Cultural heritage research guide international law. Professor of public international law, universitat jaume i, spain. Cultural organization unesco convention on the protection of underwater cultural heritage 2001 unesco convention. Underwater cultural heritage and international law title page. Information brochure on the 2001 convention pdf frequently asked questions pdf learn about the convention. Other underwater heritage items, and more recent shipwrecks or aircraft, may be protected through a declaration under the underwater heritage act, and. Unesco convention on the protection of the underwater.
Cambridge university press 9780521842310 underwater. Construction measures for regional cooperation protection mechanism for underwater cultural heritage. Sarah dromgoole 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. Conservation and restoration in underwater archaeology. This article summarizes some of the legal implications of the 100th anniversary of its sinking, as the titanic becomes subject to the provisions of the united nations educational, scientific and cultural organization unesco convention on the protection of underwater cultural heritage. The specific topics dealt with in these nine chapters are. Now completely updated, this book provides an accessible and objective overview of all major components of an interdisciplinary legal practice that extends from government and tribal management of land to federal underwater resource management to the national and international. This section analyses the current us treatment of underwater cultural heritage in the several zones recognized by maritime law. The rms titanic struck an iceberg and sank 1415 april 1912. The draft convention on the protection of the underwater cultural heritage. Underwater cultural heritage and international law book. Underwater cultural heritage international law oxford.
Ethics, underwater cultural heritage, and international law. Revisiting the relationship between marine scientific research and the underwater cultural heritage in the international journal of marine and coastal law. International protection of underwater cultural heritage robert c. Pdf ethics, underwater cultural heritage, and international. The unesco convention on the protection of the underwater cultural heritage, adopted in november 2001, is designed to create a legal framework to regulate interference with underwater cultural.
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