Underwater Cultural Heritage and International Law: Treaty-Based Regulation at the Universal Level

https://www.doi.org/10.32523/2791-0954-2024-12-4-51-63

Abstract

The article is devoted to the study of universal treaty-based rules of international law in the field of protection of underwater cultural heritage. For these purposes, the author analyzes the relevant provisions of the 1982 UN Convention on the Law of the Sea, as well as the 2001 Convention on the Protection of the Underwater Cultural Heritage. The shortcomings of these rules of the 1982 Convention, which caused the need to develop and adopt the second international treaty mentioned, are examined. Moreover, the reasons why these shortcomings could have arisen are highlighted. Studying the 2001 Convention, the author draws attention to its features that distinguish this international treaty from other UNESCO conventions in the field of protection of cultural heritage, as well as from the 1982 Convention. The principles of the 2001 Convention are discussed, including the principle that underwater cultural heritage shall not be commercially exploited. Particular attention is paid to the rules of this international treaty enshrining the procedure for providing information on the discovery of underwater cultural heritage or the intention to begin activities directed at it in the exclusive economic zone, on the continental shelf or in the international seabed area. Finally, factors that may negatively affect the effectiveness of the 2001 Convention are examined.