Protection Of Underwater Cultural Heritage Research Articles

Saving two fish with one wreck: Maximizing synergies in marine biodiversity conservation and underwater cultural heritage protection

The oceans harbor critical areas of marine biodiversity and underwater cultural heritage, both of which require active protection and preservation for the future. Here, we consider how the presence of underwater cultural heritage can be used to bolster the conservation of marine biodiversity, and vice versa. We perform spatial analyses showcasing where sea-space of high cultural and natural value overlaps. Subsequently, we identify three potential synergies that could lead to better outcomes for underwater cultural heritage and marine biodiversity: (1) overlap in the definitions of world heritage, Marine Protected Areas (MPAs), and other effective area-based conservation measures (OECMs); (2) synergies between shipwreck management and fisheries management; and (3) synergies around sustainable tourism and livelihoods. We then contextualize our argument using a case study in Indonesia involving the governance of the HMAS Perth (I) wreck and its Maritime Conservation Zone. Our discussions are relevant to marine managers and policy makers, as well as practitioners involved in economic activities that benefit from, and can impact, marine biodiversity and underwater cultural heritage, such as fishing and dive tourism.

The Protection of Underwater Cultural Heritage in the Mediterranean Sea

Abstract As stated in the 2001 Siracusa Declaration on the Submarine Cultural Heritage in the Mediterranean Sea, this sea is unique in that it embodies the common historical and cultural roots of many civilizations. Most Mediterranean States are parties to the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage, which provides a remedy to the dubious regime established by Article 303, paragraph 3, of the 1982 United Nations Convention on the Law of the Sea. According to the English official text, this provision, which gives priority to admiralty law, could be understood as an invitation to the looting of underwater cultural heritage. However, Mediterranean States seem rather slow in addressing the matter in a constructive way, despite the existing dangers, as demonstrated by the four expeditions undertaken by Mr Ballard in the area between Italy and Tunisia; the removal of the Victorious Youth statue; and the dispute over the shipwreck of the liner Ancona. The Mediterranean States have not yet negotiated a regional treaty and only recently have they resorted to the cooperation mechanism provided by the 2001 Convention in order to create a coordination committee composed of eight States that will manage the protection of underwater cultural heritage on the Skerki Bank site.

A step closer to the convention on the Protection of Underwater Cultural Heritage 2001: China’s latest efforts in regulation

As the lex specialis on Underwater Culture Heritage (UCH) protection in China, the Regulation on Protection and Administration of Underwater Cultural Relics of PRC 1989 (Regulation 1989) was revised again in 2022 (Revision 2022). Comparatively, the Revision 2022 makes obvious amendments to its original version and is closer to the international convention in this field, regarding the essence and contents. This paper outlines the revision history of Regulation 1989 and the highlights of Revision 2022. By refining the rules directing underwater activities, encouraging public participation in UCH protection, restricting commercial salvage and treasure hunting and proposing the regime of UCH protection zones, the Revision 2022 bridges Chinese law and the international convention to a certain extent.

Should China access to the convention on the protection of underwater cultural heritage? — A SWOT analysis

In recent years, with China’s marine strength having enhanced, the discussion on whether to access to the ‘Convention on the Protection of Underwater Cultural Heritage’ has become increasingly prominent. A growing number of experts and scholars believe that the current domestic laws cannot meet the needs of development; thus accession to the ‘Convention’ may after all be accepted as a solution. Given the current development in China, it cannot be generalized whether it is appropriate to access to the ‘Convention’. Indeed, based on the analysis of comparison between status quo of domestic legislation and international marine development, there is no necessity for China to eagerly access to the ‘Convention’, in that for many issues, the domestic laws in China have many differences with international law, and still need further development and improvement.

Chinese legislation on protection of underwater cultural heritage in marine spatial planning and its implementation

ABSTRACT Underwater cultural heritage (UCH) means all traces of human existence having a cultural or historical character which have been lain underwater for a certain period of time. Marine spatial planning (MSP) is a major planning tool employed by States for the purpose of coordinating various sea uses and achieving sustainable development of the sea and coastal areas. Among various sea uses, the protection of underwater cultural heritage has often been overlooked. Fortunately, people have already realized the importance of underwater cultural heritage. How to integrate the UCH protection into MSP is a common challenge for all States around the globe. In China, the integration of UCH protection into MSP is also considered a problem awaiting immediate solution. The present study will review the relevant legislation of China and its implementation. Existing problems and possible solutions will be discussed.

KOMITMEN INDONESIA DALAM PELINDUNGAN WARISAN BUDAYA BAWAH AIR DI PERAIRAN INDONESIA

This article discusses the extent to which Indonesia provides legal protection to prehistoric and historical object, especially shipwrecks, found within its national waters. It is known that Indonesia has not decide to ratify the UNESCO 2001 Convention on the Protection of Underwater Cultural Heritage (UNESCO 2001 Convention). Legal audit performed to existing national rules and regulations reveals that, legally wise, Indonesia has shown its commitment to ensure that underwater cultural heritage within its maritime zones enjoy protection. In addition, it may be argued that therefore Indonesia is not in a position having to ratify the UNESCO 2001 Convention soon.

The Innovative and State of the Art Public Access Management of Malta’s Underwater Cultural Heritage

The obligation to preserve underwater cultural heritage is a core principle of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. A key element of this obligation is a balance of scientific research, protection, and the promotion of responsible access to underwater cultural heritage sites. Such a balance requires the setting up of a network of communication between the tourism and heritage sectors on the one hand and the maritime and diving communities on the other hand. A variety of approaches have been developed to promote responsible access to underwater cultural heritage sites, and since the vast majority of the public does not dive, this also includes the development of virtual access. In Malta, maritime archaeology can be traced to humble and sporadic beginnings in the 1950s. The following decades brought a growing interest in diving activities and a rising number of diving schools and clubs. Whilst Malta has today established itself as a diving tourism destination, responsible access to underwater cultural heritage sites was not always entrenched in dive operations or institutionally recognized. The protection and management of underwater cultural heritage has recently been firmly established within Heritage Malta, the national agency for museums, conservations, and cultural heritage. This paper is intended to outline the trajectory of Malta’s underwater cultural heritage management and to present the innovative and state of the art public access system that is managed by the Underwater Cultural Heritage Unit within Heritage Malta.

The ms Estonia Shipwreck Revisited: New Developments in the Protection of Underwater Cultural Heritage in the Northern Baltic Sea

Abstract It is widely believed that international law does not enable to protect effectively the wreck of the ms Estonia against looting. The protection regime established under the 1995 ms Estonia Treaty is binding and violations against it can be effectively sanctioned in respect of only the nationals of its few States Parties, resulting in numerous jurisdictional gaps. This study argues that the law of the sea and administrative law provide the means for safeguarding the ms Estonia wreck against pilferers. Estonia has repeatedly designated tiny buffer zones around relatively modern shipwrecks outside its territorial sea. Finland can follow this practice in relation to the ms Estonia wreck that lies less than 19 nm from its baselines. In effect, Finland would be entitled to regulate and authorize activities directed at the shipwreck with the right to exercise its enforcement jurisdiction against persons that disturb the peace of the mass grave.

From Discovery to Public Consumption: The Process of Mapping and Evaluating Underwater Cultural Heritage in Malta

The in situ promotion and preservation of underwater cultural heritage sites is one of the main ideas of the UNESCO Convention on the Protection of Underwater Cultural Heritage. Currently, most shipwrecks are found in water shallower than the 50 m contour. The continued technological advances and increases in technical diving and deep-water exploration point towards a shift in this statistic, which is set to increase exponentially in the not-too-distant future. Thus, it is imperative to look at ways in which such directives can be implemented. This paper will highlight the synergy between existing remote sensing technologies and the management of underwater cultural heritage with examples of on-going research projects, such as Malta’s approach to surveying and implementing a scoring system for historic wreck sites based on local and global considerations of historic and natural conditions of site elements. Such an approach allows for the scaling of sites based on a number of parameters and provides instructive information for the creation of management strategies. The intention here is to demonstrate how large-scale remote sensing surveys can make major contributions to site management, which, in turn, facilitates the decision-making process in terms of how and what information is transmitted to divers and members of the public.

Maritime Claims and Underwater Archaeology: When History Meets Politics

Abstract Among other circumstances relevant to maritime delimitations, some States have recently used the protection of underwater cultural heritage (UCH) as grounds for advancing jurisdictional or sovereignty claims over different maritime areas. After identifying the contours of current international law governing that heritage, this book critically addresses: first, the generally limited use of archaeological heritage in territorial claims; second, the broad acceptance by States of ‘archaeological maritime zones’ that overlap with declared contiguous zones; and, third, the (mis)use of UCH and underwater archaeology in three still disputed maritime claims, namely, Canada’s claim in Arctic waters, China’s in the South China Sea, and Russia’s in Crimea and its surrounding waters. Legal and ethical issues related to underwater archaeology are also discussed.

PREVENTION FOR INFRINGEMENT OF COASTAL STATES’ LAWS AND REGULATIONS IN THE CONTIGUOUS ZONE

The modern contiguous zone is the result of the coming together of different kinds of claim to maritime jurisdiction definable in State practice. It is the most poorly understood and used international maritime zone. Article 33 of UNCLOS 1982 only controls regarding special jurisdiction for customs, taxation, immigration, and health or immiorality, while if it is related to Article 303 paragraph (2) permits the state to conduct its legal authority in the field of protection of underwater cultural heritage. Confusion about exactly what enforcement operations can lawfully be carrying out by coastal states against foreign ships in the zone has existed from its creation in 1958. Key words: contiguous zone, special jurisdiction, regulations, state’s control, custom, fiscal, immigration, sanitary

Underwater cultural heritage – problems and solutions (?)

The development of modern survey, navigation, diving and remotely operated vehicle technologies contributed to the development of the maritime archaeology and the exploration and protection of shipwrecks by the official authorities of the countries but also to the accessibility of the underwater world by private persons and enterprises. The regime of the 1982 UNCLOS III has been proved absolutely counterproductive for the protection of the underwater cultural objects. The 2001 UNESCO Convention is an improvement, being though a compromise – as every international instrument. It states, that “the protection of underwater cultural heritage through in situ preservation shall be considered as the first option”. Its opponents, though, argue that it does not give the speedy response that would be needed in order to put obstacles to “the international industry of treasure hunters”. Various countries have enacted laws on the protection of underwater cultural heritage. Obviously, the differences of legal mentalities are reflected in those national laws. Undoubtedly, the problems are much more difficult to resolve, in areas that are disputed between the various littoral States. Famous cases show that agreements between the States can play a crucial role to the resolving of complicated situations. In any case, protection of the underwater cultural heritage should always be the target.

Penolakan Indonesia dalam Meratifikasi Konvensi UNESCO Tahun 2001 tentang Perlindungan Cagar Budaya Bawah Air

The 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage houses countries that have a vision and mission to protect underwater relics. By emphasizing the aspects of cooperation based on notification and reporting, this convention normatively measures the implementation of programs that depend on the capabilities of its member countries as a regime for archaeological relics preservation that sank on the seabed. Until now the Indonesian government has not ratified the convention and even tends to reject it. In fact, Indonesia as an archipelagic country has the responsibility to preserve the legacy of underwater cultural heritage in its sea area. This article analyzes the strategic decision of the Indonesian government to delay ratifying the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage. The theory of state participation in international organizations suggests that a convention requires commitment from the parties involved to solve global problems. Ratification is needed by the state to be bound by the convention to achieve national interests. In the end the decision not to join the convention was due to its impact which did not provide benefits for the state.

The underwater cultural heritage regime: some problems and possible solutions/ Patrimônio Cultural Subaquático - Problemas e Soluções

The development of modern survey, navigation, diving and remotely operated vehicle technologies contributed to the development of maritime archaeology and exploration and protection of shipwrecks by the official domestic authorities, but also to accessibility of the underwater world by private persons and enterprises. The regime of the 1982 UNCLOS III has been proved absolutely counterproductive for the protection of the underwater cultural objects. The 2001 UNESCO Convention is an improvement, being though a compromise – as is every international instrument. It states that “the protection of underwater cultural heritage through in situ preservation shall be considered as the first option”. Its opponents, though, argue that it does not give the speedy response that would be needed in order to repress “the international industry of treasure hunters”. Various countries have enacted laws on the protection of underwater cultural heritage. Obviously, differences in legal systems are reflected in said national laws. Undoubtedly, problems are much more difficult to resolve in areas that are disputed between the various littoral States. Famous cases show that agreements between the States can play a crucial role to the resolving of complicated situations. In any case, protection of the underwater cultural heritage should always be the target.

Harnessing Local and Transnational Communities in the Global Protection of Underwater Cultural Heritage

Abstract‘Communities’ – whether local, regional, or transnational – can provide an essential force in the protection of our global underwater cultural heritage (UCH). As an issue of low political concern, with its protection vulnerable to externalities and compliance weaknesses, UCH forms an ideal test case for exploring governance solutions without reliance on the state. It is also an area where communities are increasingly integrated within governance models. This article examines the theoretical justification for reducing reliance on top-down laws to protect natural and cultural heritage, exploring Ostromian arguments for greater community self- and co-regulation. Using this theoretical framework, it highlights numerous advantages of community-oriented governance in the management of a complex global concern, such as UCH protection, and underscores the role and importance of the appropriate design of meta-regulation in steering communities towards wider public objectives. The article also identifies where communities or ‘networks’ have provided important additional protection for UCH, and discusses further policy mechanisms – such as community buy-in, incentivization, and self-regulation – which could help to facilitate community-led governance in the future.

Maritime Cultural Heritage and the Challenges of Capacity Development Journal of Maritime Archaeology Vol. 14.3 LUCYBLUE and COLINBREEN (guest eds) 106pp., 11 colour illustrations, 7 tables, Springer, 2019, ISSN: 1557‐2285 (sbk) 1557‐2293 (online)

Capacity‐building and international collaboration are seen as cornerstones in the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage. In this special issue the nature of capac...

Challenges for the Protection of Underwater Cultural Heritage (UCH), from Waterlogged and Weathered Stone Materials to Conservation Strategies: An Overview

Despite the growing attention to Underwater Cultural Heritage (UCH) in Europe and worldwide, the efforts in wholly enjoying underwater archaeological assets and sites are still remarkable; hence, the need for innovative research and solutions that are suitable for raising knowledge on the subject. In this way, this paper wants to be a review for highlighting all of the developments, potentials, and results achieved in the last decade to reach a good protection of UCHs related to the study of stone materials, degradation processes, and the new methods for protection/consolidation directly in situ. The present work is focused on the analysis of the main results obtained from several studies conducted to date, providing additional guidelines for operators in the UCH sector (i.e., restorers, archaeologists, conservation scientists, geologists, etc.). Such guidelines will be a very useful key factor in enhancing knowledge, management, protection, and promotion of underwater sites. In particular, the purpose of this paper is to provide an analysis of the state of the art on both consolidated techniques for studying materials coming from seawater and innovations in the field of protection and consolidation of UCH against biofouling, the main cause of damage in underwater environments.

ARTICLE 16 UNESCO CONVENTION AND THE PROTECTION OF UNDERWATER CULTURAL HERITAGE

AbstractDeep-water technology and commercial interests have put the protection of underwater cultural heritage under considerable pressure in recent decades. Yet the 2001 UNESCO Convention has the potential to fend off the threat—if fully implemented. This article sets out the legislative duties States Parties have under one of the Convention's core provisions: Article 16. It requires States Parties to take a triad of legislative measures: they must enact prohibitions, impose criminal sanctions and establish corresponding jurisdiction over their nationals and vessels. In addition, the comprehensive protection of underwater cultural heritage also necessitates measures covering acts of corporate treasure hunters, even though this is not required by the Convention itself.

Underwater cultural heritage and the disputed South China Sea

Due to unsolved maritime delimitations, the protection of underwater cultural heritage (hereafter underwater heritage) in the South China Sea demands coordinated action by neighbouring states. However, the suspicion that China uses underwater heritage to justify its interests has tempered the general enthusiasm of its neighbours to cooperate in the issue of heritage protection. In the face of such concerns, this article examines the role of underwater heritage in China’s South China Sea claims, and it argues that underwater heritage provides little support to underpin China’s territorial or maritime claims. In addition, China’s initiatives in maritime archaeology have long been misinterpreted. Instead of being entirely driven by its South China Sea claims, China’s approach to underwater heritage is a natural result of its general policy on cultural heritage and nation-building philosophy.

The Protection of Underwater Cultural Heritage in Disputed Maritime Areas: A Case Study of the South China Sea

The Protection of Underwater Cultural Heritage in Disputed Maritime Areas: A Case Study of the South China Sea