Defining 'underwater cultural heritage'

The newly adopted United Nations Education, Scientific and Cultural Organization's Convention on the Protection of the Underwater Cultural Heritage provides the first universal protection regime for this value archaeological resource. A central difficulty in concluding this Convention was defining underwater cultural heritage. This article considers the development of the definition agreed upon and analyses its utility in providing for a pragmatic and effective protection regime.

An international perspective on sunken state vessels as underwater cultural heritage

On 2 November 2001, the General Assembly of the United Nations Scientific, Economic and Cultural Organisation (UNESCO) adopted the convention on the Protection of the Underwater Cultural Heritage. Among the many complex issues addressed in the convention is the legal status of sunken state-owned vessels, including warships. Prior to the adoption of this convention, no conventional or customary international law existed with regards to the question of abandonment of state-owned vessels or the application of the principle of sovereign immunity to sunken state vessels. While difficulties between coastal states and maritime and former colonial powers resulted in a regime that does not comprehensively address the issues, the convention does provide some guidance in this regard and may provide a basis for further development.