International Law Issues of Protecting Underwater Cultural Heritage

Abstract

The article studies the international law issues of protecting underwater cultural heritage. The analysis of factors deals with those affecting the protection of objects of underwater cultural heritage including those of legal character and is added with detailed classification. Among the problems, the author has studied some 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 factors can lead to the destruction of such objects or inhibiting access to them. The harm is brought to both the object of underwater heritage and interests of science. The article analyzes the current legal basis as to the protection of underwater cultural heritage. The documents studied in the article include UNCLOS, the Convention on the Protection of the Underwater Cultural Heritage, 2001. The author shows controversial provisions of these international law acts and makes a conclusion that these provisions can create situations when the objects of underwater cultural heritage are the object of international disputes. Having analyzed the factors affecting adversely the preservation of underwater artifacts, the author concludes that 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 and other factors. The analysis of international law acts, the author arrives at a conclusion on the necessity to amend existing measures of legal protection regarding underwater artifacts.