The protection of underwater cultural heritage in inte berkeley law. Read sarah dromgoole, underwater cultural heritage and international law, cambridge, cambridge university press, 20, pp. Pdf ethics, underwater cultural heritage, and international. Revisiting the relationship between marine scientific research and the underwater cultural heritage in the international journal of marine and coastal law. On the international legal protection of underwater. This book explores the international including regional law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policymaking. 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. Underwater cultural heritage and international law by. 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. The principle that heritage is a public matter is quite central in the developing ethics of the archaeological profession. Underwater cultural heritage and international law. Pdf international law and the protection of cultural. Apr 18, 2018 in situ preservation is not necessarily the best underwater archaeological solution, nor is it legally required in all circumstances. The unesco convention on underwater cultural heritage and the.
Underwater cultural heritage and international law book. 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. Protection of underwater cultural heritage in china. 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 underwater cultural heritage is a field in which there has been growing international interest. 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.
International art and cultural heritage college of. This committee has long been active in the debate on the worldwide looting of antiquities and provided a lively catalyst for. Ethics, underwater cultural heritage, and international law. Unesco convention on the protection of the underwater. Art, cultural heritage and the market springerlink. 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. Underwater cultural heritage and international investment law valentina sara vadi. Admiralty law is a branch entrenched within private international law relating to the control of maritime practices between private entities. 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.
Situated between admiraltyprivate maritime law, the law of the sea, and cultural heritage law, the legal framework of underwater cultural heritage law is robust. International law literature begun to focus increasingly on the legal protection of underwater cultural heritage in the 1970s and 1980s based on two developments. Legal protection of the underwater cultural heritage. In 1994 the international law association forwarded to unesco for consideration a draft convention on the protection of the underwater cultural heritage. Even though the united states is not a party to either of these conventions, there are a number of u. Protection of underwater cultural heritage beyond the.
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. Cultural heritage, cultural rights, cultural diversity. The protection of underwater cultural heritage in international law lowell bautista1 1. 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 protection and management of underwater cultural heritage uch is a challenging topic, as it involves the interplay of united states u. 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. 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. 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.
In november 2001, a new weapon was added to the united nations educational, scientific and cultural organisations arsenal used to protect and preserve the worlds cultural heritage, in the form of the convention on the protection of the underwater cultural heritage. International cultural heritage law janet blake oxford. 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. This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. Cultural heritage is the legacy of physical artifacts and intangible attributes of a group or society that is inherited from past generations. 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. The worlds cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect.
International protection of underwater cultural heritage robert c. As will be seen, the united states has legislation specifically deal ing with underwater cultural heritage only within a 3mile territorial sea abandoned shipwreck. Underwater cultural heritage and international law cambridge studies in international and comparative law kindle edition by dromgoole, sarah. General introduction underwater cultural heritage and. The unesco conventionon underwater cultural heritage and. International law and the protection of cultural heritage. Underwater cultural heritage and international law sarah.
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. Crossing into many disciplines, cultural property law continues to grow as an established area of practice and study. In situ preservation of underwater cultural heritage. Shipwrecks and other underwater cultural remains are facing the increasing risk of serious damage or destruction through the. In situ preservation of underwater cultural heritage as an. Cultural heritage research guide international law peace. 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.
The specific topics dealt with in these nine chapters are. This article finally discusses the international development of a body of maritime law specifically concerning underwater cultural heritage. Cultural heritage in eu policies summary 2018 is devoted to the european unionscultural heritage. Sarah dromgoole, underwater cultural heritage and international law cambridge. The first greek law that governed greek antiquities was passed in 1834. The unesco conventionon underwater cultural heritage and the international law of the sea markus rau i. Definition of cultural heritage international council on.
Use features like bookmarks, note taking and highlighting while reading underwater cultural heritage and international law cambridge studies in international and. The rms titanic struck an iceberg and sank 1415 april 1912. Not all legacies of past generations are heritage, rather heritage is a product of selection by society. The current situation of maritime cultural property under the interna tional law of the sea 1. 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. Cultural heritage, cultural rights, cultural diversity new.
A supplementary resolution appended to the law states that the central organ in charge i. A new international regime for the protection of cultural. 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. Information brochure on the 2001 convention pdf frequently asked questions pdf learn about the convention. Rather, it is the first and, perhaps, the most technically desirable option, when archaeological, legal, and political circumstancesin that orderso advise. Niue ratifies unesco convention on the protection of the underwater cultural heritage. Enforcing international cultural heritage law oxford. Ethics, underwater cultural heritage, and international law oxford.
Law of the prc on the protection of cultural relics 2015 lpcr. Underwater cultural heritage united nations educational. 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. The draft convention on the protection of the underwater. Closing the gaps in the law protecting underwater cultural. 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.
Stakes and challenges for underwater cultural heritage in. 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. Underwater cultural heritage and international law in. International laws and perspectives related to the underwater cultural heritage p. 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. Southeast asia ministries of culture met to discuss the safeguarding and reviving the shared maritime and underwater cultural heritage of southeast asia. The protection of the underwater cultural heritage. 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. 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. Cambridge studies in international and comparative law book 101 thanks for sharing. The situation of the cultural heritage has deteriorated during recent years as a result. Underwater cultural heritage and international law ebook. Underwater cultural heritage and international law by sarah dromgoole july 20 skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites.
On top of that, ther e is the search for documented wrecks and document ed episodes in national history. Closing the gaps in the law protecting underwater cultural heritage on the outer continental shelf ole varmer. Download it once and read it on your kindle device, pc, phones or tablets. Art and cultural heritage is appropriately, but not solely, about national and international law respecting cultural heritage.
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. Conservation and restoration in underwater archaeology. Underwater cultural heritage and international law by sarah. The law related to underwater cultural heritage in china 3. Unesco and the first one specifically addressing the protection of underwater cultural heritage uch in international law. 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. Cambridge university press 9780521842310 underwater. Underwater cultural heritage and international law title page. On the international legal protection of underwater cultural heritage 301 i. The draft convention on the protection of the underwater cultural heritage. Whenever feasible, each state par ty shall use appropriate interna tional databases to disseminate in formation about underwater cultu ral heritage excavated or retrieved contrary to the charter or other wise in violation of international law.
Cultural heritage includes tangible culture such as buildings, monuments, landscapes, books, works of art, and artifacts, intangible culture. Professor of public international law, universitat jaume i, spain. 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. This section analyses the current us treatment of underwater cultural heritage in the several zones recognized by maritime law. The unesco conventionon underwater cultural heritage and the. 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.
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