Gilt Dragons, porcelain and plundered doubloons: A comparative analysis of Taiwan and Australian underwater cultural heritage protection laws

Abstract

Taiwan and Australia are non-Parties to the UNESCO Convention on the Protection of the Underwater Cultural Heritage (UCH Convention). However, as the first two non-Parties in the East Asia region, both have incorporated the spirit and letter of the UCH Convention into their respective domestic laws, with minor exceptions to fit into their respective historical and cultural contexts, as well as their administrative and judicial settings. This paper traces and compares the very different origins of these two pieces of UCH specific domestic legislation. A comparative analysis is also made of the structure and content, similarities and differences of each piece of legislation as well as deviations between them and between the UCH Convention. The paper argues that the Taiwanese and Australian experience demonstrates models for the successful incorporation of the UCH Convention for States striving for the preservation, protection and management of UCH.