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