The protection of underwater archaeological and cultural heritage in the new law of the sea

Abstract

This thesis examines the protection of the underwater archaeological and cultural heritage in terms of the 1982 United Nations Convention on the Law of the Sea. It must be immediately stated that many new ideas and interpretations that do not conform with the established notions, perceptions and interpretations that are normally given to the various provisions of the Convention are presented in this thesis. However, it was felt that this new approach is justified since simply conforming with established rules and interpretations has never led to developments in any area, let alone in an area such as international law that is dynamic and constantly changing and developing. While it is felt that a more specific convention relating to underwater heritage will be more appropriate to provide unquestionable protection to this heritage not only in specific areas but in all areas of the sea since it would not have to rely on the interpretation of the 1982 Law of the Sea Convention, it is submitted that careful examination and interpretation of this Convention still provides protection beyond that which prima facie is thought possible.