Naslov
The Protection of Underwater Cultural Heritage beyond the Exclusive Jurisdictional Reach of Coastal States

Autori
Šošić, Trpimir Mihael

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
L'évolution du droit de la mer: Réflexions à l'occasion du 20ème anniversaire de l'AssIDMer (2001-2021) / The Evolution of the Law of the Sea: Reflections for the 20th AssIDMer Anniversary (2001-2021)

Urednik/ci
Caligiuri, Andrea ; Cataldi, Giuseppe ; Ros, Nathalie

Izdavač
Editoriale Scientifica

Grad
Napoli

Godina
2023

Raspon stranica
175-188

ISBN
979-12-5976-559-8

Ključne riječi
international law ; 1982 UN Convention on the Law of the Sea ; 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage ; inter-State cooperation ; Skerki Bank ; Titanic

Sažetak
According to Article 303(2) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), coastal States acquired albeit limited and vaguely articulated jurisdictional powers in respect of archaeological and historical objects, i.e. the cultural heritage, found on the seabed beneath the contiguous zone. In practice a number of States had rightly understood this provision as giving them some degree of regulatory competences. As to cultural objects located on the bottom of the sea beyond the 24-mile limit, i.e. the maximum width of the contiguous zone, in the UNCLOS, apart from the general duty of States to protect archaeological and historical objects and to cooperate in that respect (Art. 303(1)UNCLOS), we only have one provision relating to the International Seabed Area which additionally points States to take account of ‘the benefit of mankind as a whole’ and of the preferential rights of the State of origin (Art. 149 UNCLOS). For the cultural heritage on the continental shelf, i.e. in the exclusive economic zone (EEZ), there is no specific provision. / The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage (UCHC) confirmed the interpretation of Article 303(2) UNCLOS as vesting coastal States with legislative powers concerning the protection of the cultural heritage on the seabed beneath the contiguous zone (Art. 8 UCHC). However, for the continental shelf and the EEZ an extension of coastal State jurisdiction to cultural heritage protection, although initially envisaged, could not be attained due to the firm opposition of major maritime States. Instead, a complex reporting and consultation mechanism was conceived, which is based on inter-State cooperation and, with slight variations, applies both in the continental shelf/EEZ (Arts. 9 and 10 UCHC) and in the Area (Arts. 11 and 12 UCHC). The cooperation scheme based on Articles 9 and 10 UCHC has been triggered for the first time in respect of the Skerki Bank archaeological site in the Mediterranean, which bears shipwrecks of various historic periods from the Roman era until modern times. In 2020, more than ten years since the entry into force of the UCHC, this led to the establishment of a coordination committee for the safeguarding of the Skerki Bank site, gathering eight Mediterranean States, four from the EU and four from northern Africa, who had expressed their interest to participate in the consultation process, while Tunisia assumed the role of the coordinating State. On the other hand, in December 2019 the Agreement concerning the Shipwrecked Vessel RMS Titanic, that had been concluded back in 2003 and was largely believed to be remaining in a virtual state of limbo, finally entered into force. In light of these developments, after a review of the pertinent rules of the UCHC, an assessment of the applicability and effectivity of the UCHC's State cooperation mechanism in practice is endeavoured.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA