The document discusses the legal protection of underwater cultural heritage and the UNESCO 2001 Convention on the Protection of the Underwater Cultural Heritage. It notes that national laws and the UN Convention on the Law of the Sea (UNCLOS) do not provide comprehensive protection. The 2001 UNESCO Convention was adopted to ensure uniform protection for underwater sites as for land-based sites and prohibits pillaging and commercial exploitation. It establishes ethical principles, cooperation between states, and scientific guidelines for underwater archaeology projects. States ratify the Convention by depositing an instrument of ratification with UNESCO.

1. The Legal Protection of Underwater Cultural Heritage
The UNESCO 2001 Convention on the Protection of the Underwater Cultural Heritage

2. Why is Legal Protection Necessary?
•The first step in effective heritage protection is legal protection
•National laws and pre-existing international law do not comprehensively protect underwater cultural heritage

3. Why are National Laws Insufficient?
•Many national laws do not yet protect underwater cultural heritage, or do so in a commercial approach.
•Many States have no laws to protect underwater heritage or even cultural heritage as such.
•National law does not apply everywhere

4. National Law does not apply Everywhere
•Territorial Sea & Contiguous Zone – States have full jurisdiction
•EEZ past the Contiguous Zone – States have limited jurisdiction
•High Sea and the Area – States only have jurisdiction over their own citizens and flag vessels

5. The Solution of International Law
•States can enter into a treaty, i.e. a Convention, to solve issues of common concern.
•The Convention text is agreed upon by negotiation and finalized by signature of all States (or the adoption by a General Conference).
•After adoption the Convention is open for ratification.

6. International Law and UCH
The most relevant international treaties for underwater cultural heritage are:
•United Nations Convention on the Law of the Sea (Montego Bay, 1982)– global treaty on jurisdiction at Sea; only marginally touches on underwater cultural heritage
•UNESCO 2001 Convention on the Protection of the Underwater Cultural Heritage (Paris, 2001) – global treaty on underwater cultural heritage
•Bilateral treaties (e.g. Titanic Agreement, VOC Agreement etc.) and regional treaties (e.g. European Convention on the Protection of the Archaeological Heritage (Valletta, 1992)) also exist

7. The United Nations Convention on the Law of the Sea

8. UNCLOS
•Global Treaty on the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources
•50 years of negotiation
•Entered into force in 1994
•More than 160 States Parties and the EU

9. UNCLOS
•UNCLOS contains only two regulations on underwater heritage in Article 149 and 303.
•These give only protective powers up to the limits of the Contiguous Zone, are very general and do permit commercial salvage.
•Especially Article 303 para. 3 stipulates that “Nothing in this article affects … the law of salvage …”

10. UNCLOS Article 149 Archaeological and Historical Objects
“All objects of an archaeological and historical nature found in the Area shall be preserved or disposed of for the benefit of mankind as a whole, particular regard being paid to the preferential rights of the State or country of origin, or the State of cultural origin, or the State of historical and archaeological origin.”

11. UNCLOS Article 303 Archaeological and historical objects found at sea
“1. States have the duty to protect objects of an archaeological and historical nature found at sea and shall cooperate for this purpose.
2. In order to control traffic in such objects, the coastal State may, in applying article 33 [on the Contiguous Zone], presume that their removal from the seabed in the zone referred to in that article without its approval would result in an infringement within its territory or territorial sea of the laws and regulations referred to in that article.
3. Nothing in this article affects the rights of identifiable owners, the law of salvage or other rules of admiralty, or laws and practices with respect to cultural exchanges.
4. This article is without prejudice to other international agreements and rules of international law regarding the protection of objects of an archaeological and historical nature.”

12. The UNESCO 2001 Convention

13. Why a Convention at UNESCO?
•UNESCO has a strong standard-setting function.
•It is Secretariat of 6 Conventions on cultural issues.
•Comprehensive protection of all forms of heritage.

14. The 2001 Convention
•Adopted by the UNESCO General Conference in 2001.
•International community’s response to destruction of submerged archaeological sites.
•Ensures same protection to underwater heritage as that accorded to land-based heritage.

15. The Content
•The 2001 Convention:
•Harmonizes the protection of underwater heritage with that of land- based sites.
•Guarantees cooperation among States, and also among scientists worldwide.
•Fosters underwater archaeology and sets high standard scientific guidelines.
•The Convention is in absolute harmony with UNCLOS (Art. 3).

16. The Content
•The 2001 Convention contains:
•Ethical principles.
•Strong site protection measures.
•A State cooperation mechanism.
•Reputed scientific guidelines for Underwater Archaeology (Annex).
•No regulations on the ownership of wrecks or changes to jurisdiction at sea.

17. The Definition of Underwater Cultural Heritage
…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…

18. The Definition and Scope
•Blanket protection (No register or list system, direct protection of all sites).
•No significance benchmark.
•100 years benchmark can be ‘improved’ by national law.
•Includes context, repetitive materials and temporarily submerged sites.
•All territories and persons under the jurisdiction of a State Party (i.e. also vessels flying the State flag, State nationals, often also wrecks of State vessels etc.).
•All waters, also internal and inland (lakes, rivers, swamps).

19. Ethical Principles
•Submerged heritage has to be protected.
•Pillage and Commercial exploitation is forbidden.
•In situ preservation shall be considered as first option, if there is no good reason for recovery (i.e. protection, research or public education).
• Responsible public access is encouraged.

20. State Cooperation Mechanism
•In International Waters (not for territorial waters):
•States request their nationals to report discoveries and activities directed at underwater heritage.
•They share this information with the other States Parties via UNESCO.
•They receive the information from other States.
•States may declare their interest to be consulted and decide together on measures taken.

21. Anti-Pillaging Measures
•The Convention provides for strong anti-pillaging measures for archaeological sites, including:
•State control of entry into the territory, dealing and possession.
•Non-use of areas under the jurisdiction of States Parties (ports, islands).
•Seizure and disposition of artefacts recovered against the Convention (pillage and treasure-hunt).
•State Party sanction violations of measures taken to implement the Convention.

22. Scientific Guidance – The Annex
•Rules for Activities directed at Underwater Cultural Heritage = Annex of the Convention.
•Ethical and scientific guidelines.
•Describes the contents of a Project Design.
•Detailed Manual available (also downloadable on the website).

23. Relation to other UNESCO Conventions
•World Heritage Sites under water:
Bikini Atoll; Red Bay wrecks; Pile dwelling sites
•Intangible Heritage connected to underwater heritage:
Hawaii fish trap veneration; maritime rites; boat building techniques, such as the watertight-bulkhead technology of Chinese junks

24. Advantages of Ratification
•The Convention provides effective guidelines on how to protect, intervene with and research underwater cultural heritage sites.
•It protects heritage from pillaging and commercial exploitation.
•It achieves legal safeguarding wherever a site is located.
•It brings protection to the same level as the protection of land based sites.
•States adopt a common approach and benefit from cooperation with other States.

25. How to Ratify
•Ratification is the declaration of a State to be bound by a Convention (approval, adhesion and acceptance have the same effect).
•The UNESCO 2001 Convention is ratified by the deposit of a ratification instrument (letter) with the UNESCO Director- General.
•Internal harmonization of national law is often needed.

26. How does the Convention function?
The Meeting of States Parties directs the work of the States under the Convention through Biannual Meetings
State Parties take decisions
The Scientific and Technical Advisory Body advises the Meeting in scientific matters and best practices (annually at UNESCO Paris) It consists of 12 expert members representing the States.
UNESCO acts as the Secretariat
The Operational Guidelines give details on the implementation of the Convention.
11 accredited NGOs cooperate
Leading Universities are associated through a UNITWIN network for underwater archaeology

27. UNESCO’s Operational Work

28. Operations
•Improvement of Legal Protection:
•The UNESCO 2001 Convention
•Law adaptation assistance (Model Law available)
•Cultural heritage law database
•Scientific Support:
•Scientific and Technical Advisory Body
•Conferences on underwater heritage and underwater archaeology
•Assistance in museum development
•Unitwin twins leading universities in underwater archaeology
•Leading NGO are accredited by UNESCO

29. Capacity Building
•Training is organized by HQ and field offices worldwide
•UNESCO trained more than 400 Persons from more than 80 States since 2007 in numerous courses of up to 3 months
© UNESCO Training course in Cuba

30. Publications
www.unesco.org/en/underwater-cultural-heritage

31. Awareness Raising
•7-language website on underwater cultural heritage
•Kids webpage & Children cartoons
•Film on underwater heritage and 2001 Convention
•Exhibitions on underwater heritage
•Fostering Site accessibility
© UNESCO Exposition in Bangkok, Thailand

32. UNESCO Contact:
Ulrike Guérin, UNESCO
Convention on the Protection of the Underwater Cultural Heritage (2001)
7, place de Fontenoy, 75352 Paris 07 SP France
Tel: + 33 1 45 68 44 06
Email: u.guerin@unesco.org
Web: www.unesco.org/en/underwater-cultural-heritage