International Law Issues of Protecting Underwater Cultural Heritage

Abstract

Anisimov Igor' - Postgraduate Student, Department of International Law, National Research University Higher School ofEconomics. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: i-anisimov@mail.ru.

The article studies the international law issues of protecting underwater cultural heritage. The analysis offactors deals with those affecting the protection of objects of underwater cultural heritage including thoseof legal character and is added with detailed classification. Among the problems, the author has studiedsome factors such as drawbacks of the legislations of states which have not joined the 2001 Convention,the jurisdiction for sunken vessels and aircraft. One of the conclusions arrived at was that the factorscan lead to the destruction of such objects or inhibiting access to them. The harm is brought to both theobject of underwater heritage and interests of science. The article analyzes the current legal basis as tothe protection of underwater cultural heritage. The documents studied in the article include UNCLOS, theConvention on the Protection of the Underwater Cultural Heritage, 2001. The author shows controversialprovisions of these international law acts and makes a conclusion that these provisions can createsituations when the objects of underwater cultural heritage are the object of international disputes. Havinganalyzed the factors affecting adversely the preservation of underwater artifacts, the author concludesthat the major threat for the objects of underwater cultural heritage is posed by anthropogenic factors.In particular, non-compliance with the 2001 Convention, national legislations, insufficient legal base andother factors. The analysis of international law acts, the author arrives at a conclusion on the necessity toamend existing measures of legal protection regarding underwater artifacts.