!

"#"$#
$
The 2001 UNESCO Convention on the Protection of
Underwater Cultural Heritage
What is it?
The UNESCO Convention on the Protection of the
Underwater Cultural Heritage is an international agreement
specifically dedicated to the protection of underwater cultural
heritage.
Why? UNCLOS does not specify details of UCH protection
BUT allows for a more specific international agreement in
Article 303, paragraph 4.
What is it?
It stands as a lex specialis for UCH and its protection,
whereas UNCLOS remains an authoritative lex generalis for
the whole law of the sea and issues related to it.
What is it?
It does three primary things:
sets out basic principles for protecting underwater cultural
heritage;
contains provisions for an international cooperation
scheme;
provides practical guidelines for dealing with such heritage.
Every State may become a party to the 2001 Convention,
regardless of whether it is already a State Party to UNCLOS
or other agreements.
What is it?
There are two parts to the 2001 Convention:
The Main text, which sets out basic principles for the
protection of underwater cultural heritage and provides a
detailed reporting and coor- dinating system in order to
enable States to undertake such protection; and
The Annex, which contains widely recognized and applied
practical rules for the treatment and research of underwater
cultural heritage.
Why did it become necessary?
Increase in the practice of looting facilitated by technological
developments.
Possible now to engage in underwater activities at radically
wider areas and greater depth
Underwater activities have become open to more persons,
including nonprofessionals in maritime archaeology who are
not schooled in preservation techniques
What is Underwater Cultural Heritage under the
Convention?

Article 1, paragraph 1(a): all traces of human existence
having a cultural, historical or archaeological character which
have been partially or totally under water, periodically or
continuously, for at least 100 years!
What are the basic principles respecting UCH under the
Convention?
1) Obligation to Preserve Underwater Cultural Heritage
This does not mean that ratifying States would necessarily
have to undertake archaeological excavations; they only
have to take measures according to their capabilities.
However, the Convention encourages scientific research
and public access.
What are the basic principles respecting UCH under the
Convention?
2) In situ Preservation as the First Option
The in situ preservation of underwater cultural heritage (i.e.
in its original location) should be considered as the first
option before allowing or engaging in any activities directed
at this heritage.
The recovery of objects may, however, be authorized for the
purpose of making a significant contribution to the
protection of, or knowledge about, underwater cultural
heritage.
What are the basic principles respecting UCH under the
Convention?
3) No Commercial Exploitation
The 2001 Convention stipulates that underwater cultural
heritage should not be commercially exploited for trade or
speculation, and that it should not be irretrievably
dispersed.
Naturally, it is not to be understood as preventing
archaeological research, if by governmental institutions or
by private undertakings holding a permit from the
competent authority, or tourist access.
What are the basic principles respecting UCH under the
Convention?
4) Training and Information Sharing
Many States do not yet have sufficiently trained underwater
archaeologists. The Convention therefore encourages
training in underwater archaeology, the transfer of
technologies and the sharing of information.
What are the regimes of protection under the Convention
in the various maritime zones?
In Internal Waters, Archipelagic waters and Territorial Seas:
State Parties have the exclusive right to regulate activities.
No specific cooperation scheme is therefore provided.
BUT as a general rule, States are expected to cooperate.
What are the regimes of protection under the Convention
in the various maritime zones?
In the Exclusive Economic Zone, the Continental Shelf and
the Area:
An international cooperation scheme encompassing
reporting and consultations is established (Articles 9 12).
According to this cooperation scheme:
Each State Party will prohibit its nationals and vessels
from engaging in activities harming underwater cultural
heritage and require them to report discoveries and
activities concerning heritage located in the Exclusive
Economic Zone, on the Continental Shelf, and in the Area,
it will then inform the other States Parties;
If no State has jurisdiction over the site (beside jurisdiction
over its own nationals and vessels), a Coordinating
State takes over the control, coordinating the cooperation
among States Parties and implementing their decisions,
while acting on their behalf and not in its own interest;
States Parties will take measures to prevent the dealing in
underwater cultural heritage illicitly exported and/or
recovered and seize it, if it is found in their territory.
What is the status of the law of salvage in relation to UCH
under the Convention?
One of the major achievements of the Convention:
compromise solution on the issue
The Compromise: Any activity relating to UCH to which the
Convention applies shall NOT be subject to the law of
salvage or the law of finds
Law of salvage and law of finds are closely related.
Law of salvage = vessels in peril
Law of finds = sunken ships and abandoned vessels
What is the status of the law of salvage in relation to UCH
under the Convention?
!UNLESS:
(a) it is authorized by the competent authorities;
(b) it is in full conformity with the Convention;
(c) it ensures that any recovery of the UCH achieves its
maximum protection
These conditions are CUMULATIVE.
Thus, only where all three are met may salvage law or the
law of finds apply to UCH under the Convention.
What is the status of the law of salvage in relation to UCH
under the Convention?
Why is this compromise important?
The conditions for the application of the law of salvage / law
of finds negate the assumption implicit in the 1989
International Convention on Salvage that its regime for
commercial salvage and ordinary vessels and objects also
applies to UCH unless a reservation to the contrary is
made.
It ensures a high threshold of protection for UCH.
What is the status of the law of salvage in relation to UCH
under the Convention?
SIDE NOTE: There is an implied fourth condition concerning
the applicability of the law of finds to UCH under the
Convention.
The fourth condition: previous abandonment of ownership
that is never presumed
PROBLEM: Degree of certainty of abandonment ! What
are the forms and/or acts accepted as proving it?
What is the status of the law of salvage in relation to UCH
under the Convention?
Practice reveals no uniform and standard degree, but
different degrees.
Example: United States
Fairport International Exploration Inc. v. Shipwrecked
Vessel: Lapse of time line does not establish
abandonment.
Columbus-America Discovery Group case: Because the
vessel remained underwater for a long time, it is
presumed abandoned.
How much farther than the law of salvage does the
Convention go?
It protects UCH even AFTER its recovery from underwater.
Article 19: The Convention requires cooperation and
information sharing relating to cultural heritage already
underwater or already recovered
Annex, Rule 2, par. 1: State parties are to take measures to
prevent the entry into their territory, the dealing in, or the
possession of, underwater cultural heritage illicitly exported
and or recovered, where recovery is contrary to the
Convention.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
!"#"$#
&
The 2001 UNESCO Convention on the Protection of
Underwater Cultural Heritage
What is it?
The UNESCO Convention on the Protection of the
Underwater Cultural Heritage is an international agreement
specifically dedicated to the protection of underwater cultural
heritage.
Why? UNCLOS does not specify details of UCH protection
BUT allows for a more specific international agreement in
Article 303, paragraph 4.
What is it?
It stands as a lex specialis for UCH and its protection,
whereas UNCLOS remains an authoritative lex generalis for
the whole law of the sea and issues related to it.
What is it?
It does three primary things:
sets out basic principles for protecting underwater cultural
heritage;
contains provisions for an international cooperation
scheme;
provides practical guidelines for dealing with such heritage.
Every State may become a party to the 2001 Convention,
regardless of whether it is already a State Party to UNCLOS
or other agreements.
What is it?
There are two parts to the 2001 Convention:
The Main text, which sets out basic principles for the
protection of underwater cultural heritage and provides a
detailed reporting and coor- dinating system in order to
enable States to undertake such protection; and
The Annex, which contains widely recognized and applied
practical rules for the treatment and research of underwater
cultural heritage.
Why did it become necessary?
Increase in the practice of looting facilitated by technological
developments.
Possible now to engage in underwater activities at radically
wider areas and greater depth
Underwater activities have become open to more persons,
including nonprofessionals in maritime archaeology who are
not schooled in preservation techniques
What is Underwater Cultural Heritage under the
Convention?

Article 1, paragraph 1(a): all traces of human existence
having a cultural, historical or archaeological character which
have been partially or totally under water, periodically or
continuously, for at least 100 years!
What are the basic principles respecting UCH under the
Convention?
1) Obligation to Preserve Underwater Cultural Heritage
This does not mean that ratifying States would necessarily
have to undertake archaeological excavations; they only
have to take measures according to their capabilities.
However, the Convention encourages scientific research
and public access.
What are the basic principles respecting UCH under the
Convention?
2) In situ Preservation as the First Option
The in situ preservation of underwater cultural heritage (i.e.
in its original location) should be considered as the first
option before allowing or engaging in any activities directed
at this heritage.
The recovery of objects may, however, be authorized for the
purpose of making a significant contribution to the
protection of, or knowledge about, underwater cultural
heritage.
What are the basic principles respecting UCH under the
Convention?
3) No Commercial Exploitation
The 2001 Convention stipulates that underwater cultural
heritage should not be commercially exploited for trade or
speculation, and that it should not be irretrievably
dispersed.
Naturally, it is not to be understood as preventing
archaeological research, if by governmental institutions or
by private undertakings holding a permit from the
competent authority, or tourist access.
What are the basic principles respecting UCH under the
Convention?
4) Training and Information Sharing
Many States do not yet have sufficiently trained underwater
archaeologists. The Convention therefore encourages
training in underwater archaeology, the transfer of
technologies and the sharing of information.
What are the regimes of protection under the Convention
in the various maritime zones?
In Internal Waters, Archipelagic waters and Territorial Seas:
State Parties have the exclusive right to regulate activities.
No specific cooperation scheme is therefore provided.
BUT as a general rule, States are expected to cooperate.
What are the regimes of protection under the Convention
in the various maritime zones?
In the Exclusive Economic Zone, the Continental Shelf and
the Area:
An international cooperation scheme encompassing
reporting and consultations is established (Articles 9 12).
According to this cooperation scheme:
Each State Party will prohibit its nationals and vessels
from engaging in activities harming underwater cultural
heritage and require them to report discoveries and
activities concerning heritage located in the Exclusive
Economic Zone, on the Continental Shelf, and in the Area,
it will then inform the other States Parties;
If no State has jurisdiction over the site (beside jurisdiction
over its own nationals and vessels), a Coordinating
State takes over the control, coordinating the cooperation
among States Parties and implementing their decisions,
while acting on their behalf and not in its own interest;
States Parties will take measures to prevent the dealing in
underwater cultural heritage illicitly exported and/or
recovered and seize it, if it is found in their territory.
What is the status of the law of salvage in relation to UCH
under the Convention?
One of the major achievements of the Convention:
compromise solution on the issue
The Compromise: Any activity relating to UCH to which the
Convention applies shall NOT be subject to the law of
salvage or the law of finds
Law of salvage and law of finds are closely related.
Law of salvage = vessels in peril
Law of finds = sunken ships and abandoned vessels
What is the status of the law of salvage in relation to UCH
under the Convention?
!UNLESS:
(a) it is authorized by the competent authorities;
(b) it is in full conformity with the Convention;
(c) it ensures that any recovery of the UCH achieves its
maximum protection
These conditions are CUMULATIVE.
Thus, only where all three are met may salvage law or the
law of finds apply to UCH under the Convention.
What is the status of the law of salvage in relation to UCH
under the Convention?
Why is this compromise important?
The conditions for the application of the law of salvage / law
of finds negate the assumption implicit in the 1989
International Convention on Salvage that its regime for
commercial salvage and ordinary vessels and objects also
applies to UCH unless a reservation to the contrary is
made.
It ensures a high threshold of protection for UCH.
What is the status of the law of salvage in relation to UCH
under the Convention?
SIDE NOTE: There is an implied fourth condition concerning
the applicability of the law of finds to UCH under the
Convention.
The fourth condition: previous abandonment of ownership
that is never presumed
PROBLEM: Degree of certainty of abandonment ! What
are the forms and/or acts accepted as proving it?
What is the status of the law of salvage in relation to UCH
under the Convention?
Practice reveals no uniform and standard degree, but
different degrees.
Example: United States
Fairport International Exploration Inc. v. Shipwrecked
Vessel: Lapse of time line does not establish
abandonment.
Columbus-America Discovery Group case: Because the
vessel remained underwater for a long time, it is
presumed abandoned.
How much farther than the law of salvage does the
Convention go?
It protects UCH even AFTER its recovery from underwater.
Article 19: The Convention requires cooperation and
information sharing relating to cultural heritage already
underwater or already recovered
Annex, Rule 2, par. 1: State parties are to take measures to
prevent the entry into their territory, the dealing in, or the
possession of, underwater cultural heritage illicitly exported
and or recovered, where recovery is contrary to the
Convention.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
!"#"$#
#
The 2001 UNESCO Convention on the Protection of
Underwater Cultural Heritage
What is it?
The UNESCO Convention on the Protection of the
Underwater Cultural Heritage is an international agreement
specifically dedicated to the protection of underwater cultural
heritage.
Why? UNCLOS does not specify details of UCH protection
BUT allows for a more specific international agreement in
Article 303, paragraph 4.
What is it?
It stands as a lex specialis for UCH and its protection,
whereas UNCLOS remains an authoritative lex generalis for
the whole law of the sea and issues related to it.
What is it?
It does three primary things:
sets out basic principles for protecting underwater cultural
heritage;
contains provisions for an international cooperation
scheme;
provides practical guidelines for dealing with such heritage.
Every State may become a party to the 2001 Convention,
regardless of whether it is already a State Party to UNCLOS
or other agreements.
What is it?
There are two parts to the 2001 Convention:
The Main text, which sets out basic principles for the
protection of underwater cultural heritage and provides a
detailed reporting and coor- dinating system in order to
enable States to undertake such protection; and
The Annex, which contains widely recognized and applied
practical rules for the treatment and research of underwater
cultural heritage.
Why did it become necessary?
Increase in the practice of looting facilitated by technological
developments.
Possible now to engage in underwater activities at radically
wider areas and greater depth
Underwater activities have become open to more persons,
including nonprofessionals in maritime archaeology who are
not schooled in preservation techniques
What is Underwater Cultural Heritage under the
Convention?

Article 1, paragraph 1(a): all traces of human existence
having a cultural, historical or archaeological character which
have been partially or totally under water, periodically or
continuously, for at least 100 years!
What are the basic principles respecting UCH under the
Convention?
1) Obligation to Preserve Underwater Cultural Heritage
This does not mean that ratifying States would necessarily
have to undertake archaeological excavations; they only
have to take measures according to their capabilities.
However, the Convention encourages scientific research
and public access.
What are the basic principles respecting UCH under the
Convention?
2) In situ Preservation as the First Option
The in situ preservation of underwater cultural heritage (i.e.
in its original location) should be considered as the first
option before allowing or engaging in any activities directed
at this heritage.
The recovery of objects may, however, be authorized for the
purpose of making a significant contribution to the
protection of, or knowledge about, underwater cultural
heritage.
What are the basic principles respecting UCH under the
Convention?
3) No Commercial Exploitation
The 2001 Convention stipulates that underwater cultural
heritage should not be commercially exploited for trade or
speculation, and that it should not be irretrievably
dispersed.
Naturally, it is not to be understood as preventing
archaeological research, if by governmental institutions or
by private undertakings holding a permit from the
competent authority, or tourist access.
What are the basic principles respecting UCH under the
Convention?
4) Training and Information Sharing
Many States do not yet have sufficiently trained underwater
archaeologists. The Convention therefore encourages
training in underwater archaeology, the transfer of
technologies and the sharing of information.
What are the regimes of protection under the Convention
in the various maritime zones?
In Internal Waters, Archipelagic waters and Territorial Seas:
State Parties have the exclusive right to regulate activities.
No specific cooperation scheme is therefore provided.
BUT as a general rule, States are expected to cooperate.
What are the regimes of protection under the Convention
in the various maritime zones?
In the Exclusive Economic Zone, the Continental Shelf and
the Area:
An international cooperation scheme encompassing
reporting and consultations is established (Articles 9 12).
According to this cooperation scheme:
Each State Party will prohibit its nationals and vessels
from engaging in activities harming underwater cultural
heritage and require them to report discoveries and
activities concerning heritage located in the Exclusive
Economic Zone, on the Continental Shelf, and in the Area,
it will then inform the other States Parties;
If no State has jurisdiction over the site (beside jurisdiction
over its own nationals and vessels), a Coordinating
State takes over the control, coordinating the cooperation
among States Parties and implementing their decisions,
while acting on their behalf and not in its own interest;
States Parties will take measures to prevent the dealing in
underwater cultural heritage illicitly exported and/or
recovered and seize it, if it is found in their territory.
What is the status of the law of salvage in relation to UCH
under the Convention?
One of the major achievements of the Convention:
compromise solution on the issue
The Compromise: Any activity relating to UCH to which the
Convention applies shall NOT be subject to the law of
salvage or the law of finds
Law of salvage and law of finds are closely related.
Law of salvage = vessels in peril
Law of finds = sunken ships and abandoned vessels
What is the status of the law of salvage in relation to UCH
under the Convention?
!UNLESS:
(a) it is authorized by the competent authorities;
(b) it is in full conformity with the Convention;
(c) it ensures that any recovery of the UCH achieves its
maximum protection
These conditions are CUMULATIVE.
Thus, only where all three are met may salvage law or the
law of finds apply to UCH under the Convention.
What is the status of the law of salvage in relation to UCH
under the Convention?
Why is this compromise important?
The conditions for the application of the law of salvage / law
of finds negate the assumption implicit in the 1989
International Convention on Salvage that its regime for
commercial salvage and ordinary vessels and objects also
applies to UCH unless a reservation to the contrary is
made.
It ensures a high threshold of protection for UCH.
What is the status of the law of salvage in relation to UCH
under the Convention?
SIDE NOTE: There is an implied fourth condition concerning
the applicability of the law of finds to UCH under the
Convention.
The fourth condition: previous abandonment of ownership
that is never presumed
PROBLEM: Degree of certainty of abandonment ! What
are the forms and/or acts accepted as proving it?
What is the status of the law of salvage in relation to UCH
under the Convention?
Practice reveals no uniform and standard degree, but
different degrees.
Example: United States
Fairport International Exploration Inc. v. Shipwrecked
Vessel: Lapse of time line does not establish
abandonment.
Columbus-America Discovery Group case: Because the
vessel remained underwater for a long time, it is
presumed abandoned.
How much farther than the law of salvage does the
Convention go?
It protects UCH even AFTER its recovery from underwater.
Article 19: The Convention requires cooperation and
information sharing relating to cultural heritage already
underwater or already recovered
Annex, Rule 2, par. 1: State parties are to take measures to
prevent the entry into their territory, the dealing in, or the
possession of, underwater cultural heritage illicitly exported
and or recovered, where recovery is contrary to the
Convention.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
!"#"$#
'
The 2001 UNESCO Convention on the Protection of
Underwater Cultural Heritage
What is it?
The UNESCO Convention on the Protection of the
Underwater Cultural Heritage is an international agreement
specifically dedicated to the protection of underwater cultural
heritage.
Why? UNCLOS does not specify details of UCH protection
BUT allows for a more specific international agreement in
Article 303, paragraph 4.
What is it?
It stands as a lex specialis for UCH and its protection,
whereas UNCLOS remains an authoritative lex generalis for
the whole law of the sea and issues related to it.
What is it?
It does three primary things:
sets out basic principles for protecting underwater cultural
heritage;
contains provisions for an international cooperation
scheme;
provides practical guidelines for dealing with such heritage.
Every State may become a party to the 2001 Convention,
regardless of whether it is already a State Party to UNCLOS
or other agreements.
What is it?
There are two parts to the 2001 Convention:
The Main text, which sets out basic principles for the
protection of underwater cultural heritage and provides a
detailed reporting and coor- dinating system in order to
enable States to undertake such protection; and
The Annex, which contains widely recognized and applied
practical rules for the treatment and research of underwater
cultural heritage.
Why did it become necessary?
Increase in the practice of looting facilitated by technological
developments.
Possible now to engage in underwater activities at radically
wider areas and greater depth
Underwater activities have become open to more persons,
including nonprofessionals in maritime archaeology who are
not schooled in preservation techniques
What is Underwater Cultural Heritage under the
Convention?

Article 1, paragraph 1(a): all traces of human existence
having a cultural, historical or archaeological character which
have been partially or totally under water, periodically or
continuously, for at least 100 years!
What are the basic principles respecting UCH under the
Convention?
1) Obligation to Preserve Underwater Cultural Heritage
This does not mean that ratifying States would necessarily
have to undertake archaeological excavations; they only
have to take measures according to their capabilities.
However, the Convention encourages scientific research
and public access.
What are the basic principles respecting UCH under the
Convention?
2) In situ Preservation as the First Option
The in situ preservation of underwater cultural heritage (i.e.
in its original location) should be considered as the first
option before allowing or engaging in any activities directed
at this heritage.
The recovery of objects may, however, be authorized for the
purpose of making a significant contribution to the
protection of, or knowledge about, underwater cultural
heritage.
What are the basic principles respecting UCH under the
Convention?
3) No Commercial Exploitation
The 2001 Convention stipulates that underwater cultural
heritage should not be commercially exploited for trade or
speculation, and that it should not be irretrievably
dispersed.
Naturally, it is not to be understood as preventing
archaeological research, if by governmental institutions or
by private undertakings holding a permit from the
competent authority, or tourist access.
What are the basic principles respecting UCH under the
Convention?
4) Training and Information Sharing
Many States do not yet have sufficiently trained underwater
archaeologists. The Convention therefore encourages
training in underwater archaeology, the transfer of
technologies and the sharing of information.
What are the regimes of protection under the Convention
in the various maritime zones?
In Internal Waters, Archipelagic waters and Territorial Seas:
State Parties have the exclusive right to regulate activities.
No specific cooperation scheme is therefore provided.
BUT as a general rule, States are expected to cooperate.
What are the regimes of protection under the Convention
in the various maritime zones?
In the Exclusive Economic Zone, the Continental Shelf and
the Area:
An international cooperation scheme encompassing
reporting and consultations is established (Articles 9 12).
According to this cooperation scheme:
Each State Party will prohibit its nationals and vessels
from engaging in activities harming underwater cultural
heritage and require them to report discoveries and
activities concerning heritage located in the Exclusive
Economic Zone, on the Continental Shelf, and in the Area,
it will then inform the other States Parties;
If no State has jurisdiction over the site (beside jurisdiction
over its own nationals and vessels), a Coordinating
State takes over the control, coordinating the cooperation
among States Parties and implementing their decisions,
while acting on their behalf and not in its own interest;
States Parties will take measures to prevent the dealing in
underwater cultural heritage illicitly exported and/or
recovered and seize it, if it is found in their territory.
What is the status of the law of salvage in relation to UCH
under the Convention?
One of the major achievements of the Convention:
compromise solution on the issue
The Compromise: Any activity relating to UCH to which the
Convention applies shall NOT be subject to the law of
salvage or the law of finds
Law of salvage and law of finds are closely related.
Law of salvage = vessels in peril
Law of finds = sunken ships and abandoned vessels
What is the status of the law of salvage in relation to UCH
under the Convention?
!UNLESS:
(a) it is authorized by the competent authorities;
(b) it is in full conformity with the Convention;
(c) it ensures that any recovery of the UCH achieves its
maximum protection
These conditions are CUMULATIVE.
Thus, only where all three are met may salvage law or the
law of finds apply to UCH under the Convention.
What is the status of the law of salvage in relation to UCH
under the Convention?
Why is this compromise important?
The conditions for the application of the law of salvage / law
of finds negate the assumption implicit in the 1989
International Convention on Salvage that its regime for
commercial salvage and ordinary vessels and objects also
applies to UCH unless a reservation to the contrary is
made.
It ensures a high threshold of protection for UCH.
What is the status of the law of salvage in relation to UCH
under the Convention?
SIDE NOTE: There is an implied fourth condition concerning
the applicability of the law of finds to UCH under the
Convention.
The fourth condition: previous abandonment of ownership
that is never presumed
PROBLEM: Degree of certainty of abandonment ! What
are the forms and/or acts accepted as proving it?
What is the status of the law of salvage in relation to UCH
under the Convention?
Practice reveals no uniform and standard degree, but
different degrees.
Example: United States
Fairport International Exploration Inc. v. Shipwrecked
Vessel: Lapse of time line does not establish
abandonment.
Columbus-America Discovery Group case: Because the
vessel remained underwater for a long time, it is
presumed abandoned.
How much farther than the law of salvage does the
Convention go?
It protects UCH even AFTER its recovery from underwater.
Article 19: The Convention requires cooperation and
information sharing relating to cultural heritage already
underwater or already recovered
Annex, Rule 2, par. 1: State parties are to take measures to
prevent the entry into their territory, the dealing in, or the
possession of, underwater cultural heritage illicitly exported
and or recovered, where recovery is contrary to the
Convention.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
!"#"$#
(
The 2001 UNESCO Convention on the Protection of
Underwater Cultural Heritage
What is it?
The UNESCO Convention on the Protection of the
Underwater Cultural Heritage is an international agreement
specifically dedicated to the protection of underwater cultural
heritage.
Why? UNCLOS does not specify details of UCH protection
BUT allows for a more specific international agreement in
Article 303, paragraph 4.
What is it?
It stands as a lex specialis for UCH and its protection,
whereas UNCLOS remains an authoritative lex generalis for
the whole law of the sea and issues related to it.
What is it?
It does three primary things:
sets out basic principles for protecting underwater cultural
heritage;
contains provisions for an international cooperation
scheme;
provides practical guidelines for dealing with such heritage.
Every State may become a party to the 2001 Convention,
regardless of whether it is already a State Party to UNCLOS
or other agreements.
What is it?
There are two parts to the 2001 Convention:
The Main text, which sets out basic principles for the
protection of underwater cultural heritage and provides a
detailed reporting and coor- dinating system in order to
enable States to undertake such protection; and
The Annex, which contains widely recognized and applied
practical rules for the treatment and research of underwater
cultural heritage.
Why did it become necessary?
Increase in the practice of looting facilitated by technological
developments.
Possible now to engage in underwater activities at radically
wider areas and greater depth
Underwater activities have become open to more persons,
including nonprofessionals in maritime archaeology who are
not schooled in preservation techniques
What is Underwater Cultural Heritage under the
Convention?

Article 1, paragraph 1(a): all traces of human existence
having a cultural, historical or archaeological character which
have been partially or totally under water, periodically or
continuously, for at least 100 years!
What are the basic principles respecting UCH under the
Convention?
1) Obligation to Preserve Underwater Cultural Heritage
This does not mean that ratifying States would necessarily
have to undertake archaeological excavations; they only
have to take measures according to their capabilities.
However, the Convention encourages scientific research
and public access.
What are the basic principles respecting UCH under the
Convention?
2) In situ Preservation as the First Option
The in situ preservation of underwater cultural heritage (i.e.
in its original location) should be considered as the first
option before allowing or engaging in any activities directed
at this heritage.
The recovery of objects may, however, be authorized for the
purpose of making a significant contribution to the
protection of, or knowledge about, underwater cultural
heritage.
What are the basic principles respecting UCH under the
Convention?
3) No Commercial Exploitation
The 2001 Convention stipulates that underwater cultural
heritage should not be commercially exploited for trade or
speculation, and that it should not be irretrievably
dispersed.
Naturally, it is not to be understood as preventing
archaeological research, if by governmental institutions or
by private undertakings holding a permit from the
competent authority, or tourist access.
What are the basic principles respecting UCH under the
Convention?
4) Training and Information Sharing
Many States do not yet have sufficiently trained underwater
archaeologists. The Convention therefore encourages
training in underwater archaeology, the transfer of
technologies and the sharing of information.
What are the regimes of protection under the Convention
in the various maritime zones?
In Internal Waters, Archipelagic waters and Territorial Seas:
State Parties have the exclusive right to regulate activities.
No specific cooperation scheme is therefore provided.
BUT as a general rule, States are expected to cooperate.
What are the regimes of protection under the Convention
in the various maritime zones?
In the Exclusive Economic Zone, the Continental Shelf and
the Area:
An international cooperation scheme encompassing
reporting and consultations is established (Articles 9 12).
According to this cooperation scheme:
Each State Party will prohibit its nationals and vessels
from engaging in activities harming underwater cultural
heritage and require them to report discoveries and
activities concerning heritage located in the Exclusive
Economic Zone, on the Continental Shelf, and in the Area,
it will then inform the other States Parties;
If no State has jurisdiction over the site (beside jurisdiction
over its own nationals and vessels), a Coordinating
State takes over the control, coordinating the cooperation
among States Parties and implementing their decisions,
while acting on their behalf and not in its own interest;
States Parties will take measures to prevent the dealing in
underwater cultural heritage illicitly exported and/or
recovered and seize it, if it is found in their territory.
What is the status of the law of salvage in relation to UCH
under the Convention?
One of the major achievements of the Convention:
compromise solution on the issue
The Compromise: Any activity relating to UCH to which the
Convention applies shall NOT be subject to the law of
salvage or the law of finds
Law of salvage and law of finds are closely related.
Law of salvage = vessels in peril
Law of finds = sunken ships and abandoned vessels
What is the status of the law of salvage in relation to UCH
under the Convention?
!UNLESS:
(a) it is authorized by the competent authorities;
(b) it is in full conformity with the Convention;
(c) it ensures that any recovery of the UCH achieves its
maximum protection
These conditions are CUMULATIVE.
Thus, only where all three are met may salvage law or the
law of finds apply to UCH under the Convention.
What is the status of the law of salvage in relation to UCH
under the Convention?
Why is this compromise important?
The conditions for the application of the law of salvage / law
of finds negate the assumption implicit in the 1989
International Convention on Salvage that its regime for
commercial salvage and ordinary vessels and objects also
applies to UCH unless a reservation to the contrary is
made.
It ensures a high threshold of protection for UCH.
What is the status of the law of salvage in relation to UCH
under the Convention?
SIDE NOTE: There is an implied fourth condition concerning
the applicability of the law of finds to UCH under the
Convention.
The fourth condition: previous abandonment of ownership
that is never presumed
PROBLEM: Degree of certainty of abandonment ! What
are the forms and/or acts accepted as proving it?
What is the status of the law of salvage in relation to UCH
under the Convention?
Practice reveals no uniform and standard degree, but
different degrees.
Example: United States
Fairport International Exploration Inc. v. Shipwrecked
Vessel: Lapse of time line does not establish
abandonment.
Columbus-America Discovery Group case: Because the
vessel remained underwater for a long time, it is
presumed abandoned.
How much farther than the law of salvage does the
Convention go?
It protects UCH even AFTER its recovery from underwater.
Article 19: The Convention requires cooperation and
information sharing relating to cultural heritage already
underwater or already recovered
Annex, Rule 2, par. 1: State parties are to take measures to
prevent the entry into their territory, the dealing in, or the
possession of, underwater cultural heritage illicitly exported
and or recovered, where recovery is contrary to the
Convention.
1
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3
4
5
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7
8
9
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!"#"$#
)
The 2001 UNESCO Convention on the Protection of
Underwater Cultural Heritage
What is it?
The UNESCO Convention on the Protection of the
Underwater Cultural Heritage is an international agreement
specifically dedicated to the protection of underwater cultural
heritage.
Why? UNCLOS does not specify details of UCH protection
BUT allows for a more specific international agreement in
Article 303, paragraph 4.
What is it?
It stands as a lex specialis for UCH and its protection,
whereas UNCLOS remains an authoritative lex generalis for
the whole law of the sea and issues related to it.
What is it?
It does three primary things:
sets out basic principles for protecting underwater cultural
heritage;
contains provisions for an international cooperation
scheme;
provides practical guidelines for dealing with such heritage.
Every State may become a party to the 2001 Convention,
regardless of whether it is already a State Party to UNCLOS
or other agreements.
What is it?
There are two parts to the 2001 Convention:
The Main text, which sets out basic principles for the
protection of underwater cultural heritage and provides a
detailed reporting and coor- dinating system in order to
enable States to undertake such protection; and
The Annex, which contains widely recognized and applied
practical rules for the treatment and research of underwater
cultural heritage.
Why did it become necessary?
Increase in the practice of looting facilitated by technological
developments.
Possible now to engage in underwater activities at radically
wider areas and greater depth
Underwater activities have become open to more persons,
including nonprofessionals in maritime archaeology who are
not schooled in preservation techniques
What is Underwater Cultural Heritage under the
Convention?

Article 1, paragraph 1(a): all traces of human existence
having a cultural, historical or archaeological character which
have been partially or totally under water, periodically or
continuously, for at least 100 years!
What are the basic principles respecting UCH under the
Convention?
1) Obligation to Preserve Underwater Cultural Heritage
This does not mean that ratifying States would necessarily
have to undertake archaeological excavations; they only
have to take measures according to their capabilities.
However, the Convention encourages scientific research
and public access.
What are the basic principles respecting UCH under the
Convention?
2) In situ Preservation as the First Option
The in situ preservation of underwater cultural heritage (i.e.
in its original location) should be considered as the first
option before allowing or engaging in any activities directed
at this heritage.
The recovery of objects may, however, be authorized for the
purpose of making a significant contribution to the
protection of, or knowledge about, underwater cultural
heritage.
What are the basic principles respecting UCH under the
Convention?
3) No Commercial Exploitation
The 2001 Convention stipulates that underwater cultural
heritage should not be commercially exploited for trade or
speculation, and that it should not be irretrievably
dispersed.
Naturally, it is not to be understood as preventing
archaeological research, if by governmental institutions or
by private undertakings holding a permit from the
competent authority, or tourist access.
What are the basic principles respecting UCH under the
Convention?
4) Training and Information Sharing
Many States do not yet have sufficiently trained underwater
archaeologists. The Convention therefore encourages
training in underwater archaeology, the transfer of
technologies and the sharing of information.
What are the regimes of protection under the Convention
in the various maritime zones?
In Internal Waters, Archipelagic waters and Territorial Seas:
State Parties have the exclusive right to regulate activities.
No specific cooperation scheme is therefore provided.
BUT as a general rule, States are expected to cooperate.
What are the regimes of protection under the Convention
in the various maritime zones?
In the Exclusive Economic Zone, the Continental Shelf and
the Area:
An international cooperation scheme encompassing
reporting and consultations is established (Articles 9 12).
According to this cooperation scheme:
Each State Party will prohibit its nationals and vessels
from engaging in activities harming underwater cultural
heritage and require them to report discoveries and
activities concerning heritage located in the Exclusive
Economic Zone, on the Continental Shelf, and in the Area,
it will then inform the other States Parties;
If no State has jurisdiction over the site (beside jurisdiction
over its own nationals and vessels), a Coordinating
State takes over the control, coordinating the cooperation
among States Parties and implementing their decisions,
while acting on their behalf and not in its own interest;
States Parties will take measures to prevent the dealing in
underwater cultural heritage illicitly exported and/or
recovered and seize it, if it is found in their territory.
What is the status of the law of salvage in relation to UCH
under the Convention?
One of the major achievements of the Convention:
compromise solution on the issue
The Compromise: Any activity relating to UCH to which the
Convention applies shall NOT be subject to the law of
salvage or the law of finds
Law of salvage and law of finds are closely related.
Law of salvage = vessels in peril
Law of finds = sunken ships and abandoned vessels
What is the status of the law of salvage in relation to UCH
under the Convention?
!UNLESS:
(a) it is authorized by the competent authorities;
(b) it is in full conformity with the Convention;
(c) it ensures that any recovery of the UCH achieves its
maximum protection
These conditions are CUMULATIVE.
Thus, only where all three are met may salvage law or the
law of finds apply to UCH under the Convention.
What is the status of the law of salvage in relation to UCH
under the Convention?
Why is this compromise important?
The conditions for the application of the law of salvage / law
of finds negate the assumption implicit in the 1989
International Convention on Salvage that its regime for
commercial salvage and ordinary vessels and objects also
applies to UCH unless a reservation to the contrary is
made.
It ensures a high threshold of protection for UCH.
What is the status of the law of salvage in relation to UCH
under the Convention?
SIDE NOTE: There is an implied fourth condition concerning
the applicability of the law of finds to UCH under the
Convention.
The fourth condition: previous abandonment of ownership
that is never presumed
PROBLEM: Degree of certainty of abandonment ! What
are the forms and/or acts accepted as proving it?
What is the status of the law of salvage in relation to UCH
under the Convention?
Practice reveals no uniform and standard degree, but
different degrees.
Example: United States
Fairport International Exploration Inc. v. Shipwrecked
Vessel: Lapse of time line does not establish
abandonment.
Columbus-America Discovery Group case: Because the
vessel remained underwater for a long time, it is
presumed abandoned.
How much farther than the law of salvage does the
Convention go?
It protects UCH even AFTER its recovery from underwater.
Article 19: The Convention requires cooperation and
information sharing relating to cultural heritage already
underwater or already recovered
Annex, Rule 2, par. 1: State parties are to take measures to
prevent the entry into their territory, the dealing in, or the
possession of, underwater cultural heritage illicitly exported
and or recovered, where recovery is contrary to the
Convention.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19