The protection of the underwater cultural heritage : an analysis of the convention on the protection of the underwater cultural heritage

Abstract

This thesis will consider the provisions of the Convention on the Protection of the Underwater Cultural Heritage and seeks to critically evaluate the extent to which the structure and provisions of the convention provides a basis for an effective, reasonable and enforceable protective regime. Attempts to provide for such a regime beyond coastal State jurisdiction began during the negotiations concerning the deep seabed in the 1970s. The Convention on the Protection of the Underwater Cultural Heritage is a product of this ongoing process and, as such, the previous attempts will be briefly considered in the Introduction in order to provide ~ a contextual explanation for some of the convention's provisions. The Introduction will also cover the threats posed to the underwater cultural heritage as a result of the advance in underwater technology. In Chapter 1, the ILA Draft initiative and the subsequent protracted negotiations at all the expert meetings leading to the final document will be discussed. In Chapters 2 - 6 the convention's provisions will be analyzed. However, the Rules set out in the Annex, on the whole, will not be discussed, but reference to such rules will be made where opportune. Chapter 2 will discuss the object, purpose and general principles of the convention. Chapter 3 will consider the jurisdictional issues and geographical scope of the convention. Chapters 4 and 5 will deal respectively with permits, seizure and sanctions and the institutional structure of the convention. In Chapter 6 the formal treaty provisions will be discussed.