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Can the co-operation mechanism of the 2001 UNESCO Convention facilitate the effective protection of the underwater cultural heritage on the continental shelf and in the exclusive economic zone?

The Convention on the Protection of the Underwater Cultural Heritage (UCHC), which was adopted under the auspices of UNESCO in 2001, entered into force on 2 January 2009 and has to date attracted 50 States parties (status as at 2 April 2015). During the lengthy negotiation process of the UCHC within UNESCO many major maritime States voiced their opposition to the extension of coastal State jurisdiction in respect of cultural heritage protection in the exclusive economic zone (EEZ) and on the continental shelf, as had been envisaged by early drafts with a view to safeguarding a more effective protection of the valuable artefacts, notably historic shipwrecks, found on the seabed beyond the 12-mile limit of the territorial seas. Hence, a compromise solution had to be worked out in the UCHC as concerns the protection regime in the EEZ and on the continental shelf. As a result, the pertinent Articles 9 and 10 UCHC provide for a complex reporting and consultation mechanism based on existing State rights and the flag State and nationality principles of jurisdiction. Although the coastal State in whose EEZ and continental shelf the underwater cultural heritage is located may, according to the UCHC, take the initiative concerning adequate protection measures, it has a duty to consult and co-operate with all States who can demonstrate a "verifiable link, especially a cultural, historical or archaeological link, to the underwater cultural heritage concerned" (Article 9, para. 5). It may well turn out that in some cases the number of States with a 'verifiable link' will be considerably large, which would render the operationalisation of the envisaged co-operation mechanism a difficult task. The paper aimed at assessing the effectiveness of the UCHC's co-operation mechanism for underwater cultural heritage protection in the EEZ and on the continental shelf, as well as its feasibility in State practice.

Convention on the Protection of the Underwater Cultural Heritage ; UNESCO ; continental shelf ; exclusive economic zone

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