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 deep-water technology. However,
the relationship between this new treaty and the UN Convention on
the Law of the Sea is deeply controversial. This study of the
international legal framework regulating human interference with
underwater cultural heritage explores the development and present
status of the framework and gives some consideration to how it may
evolve in the future. The central themes are the issues that
provided the UNESCO negotiators with their greatest challenges: the
question of ownership rights in sunken vessels and cargoes;
sovereign immunity and sunken warships; the application of salvage
law; the ethics of commercial exploitation; and, most crucially,
the question of jurisdictional competence to regulate activities
beyond territorial sea limits.
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