Underwater cultural heritage – problems and solutions (?)

Authors

  • Elina Moustaira National and Kapodistrian University of Athens, Faculty of Law

DOI:

https://doi.org/10.5102/rdi.v17i3.7038

Keywords:

Shipwrecks, Cultural heritage, Underwater archaeology, in situ preservation, Coastal State jurisdiction, Flag State jurisdiction, 2001 UNESCO Convention

Abstract

The development of modern survey, navigation, diving and remotely operated vehicle technologies contributed to the development of the maritime archaeology and the exploration and protection of shipwrecks by the official authorities of the countries but also to the accessibility of the underwater world by private persons and enterprises. The regime of the 1982 UNCLOS III has been proved absolutely counterproductive for the protection of the underwater cultural objects. The 2001 UNESCO Convention is an improvement, being though a compromise – as every international instrument. It states, that “the protection of underwater cultural heritage through in situ preservation shall be considered as the first option”. Its opponents, though, argue that it does not give the speedy response that would be needed in order to put obstacles to “the international industry of treasure hunters”. Various countries have enacted laws on the protection of underwater cultural heritage. Obviously, the differences of legal mentalities are reflected in those national laws. Undoubtedly, the problems are much more difficult to resolve, in areas that are disputed between the various littoral States. Famous cases show that agreements between the States can play a crucial role to the resolving of complicated situations. In any case, protection of the underwater cultural heritage should always be the target.

Author Biography

  • Elina Moustaira, National and Kapodistrian University of Athens, Faculty of Law
    Prof.Dr. Elina N. Moustaira Faculty of Law, National and Kapodistrian University of Athens, Greece Professor of Comparative Law, Member of the Deanship of the Faculty of Law, Director of the “LL.M in International Private Law, Law of International Business Transactions & Comparative Legal Studies”, Deputy Director of the “LL.M in International and European Legal Studies” (studies in English), of the Supreme Specific Court (2020-2021), Member of various Foreign and Hellenic law associations, Delegate of Greece at various Governmental Experts’ and Diplomatic Conferences. Papers at Law Congresses, in Greece and abroad. Author of: 10 books and of more than 100 articles, chapters in collective books, commentaries on courts’ decisions, book reviews. Languages: English, French, Spanish, German, Italian, Portuguese, Greek (mother tongue).

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Published

2021-04-20

Issue

Vol. 17 No. 3 (2020): Art Law and Cultural Heritage Law / Direito da Arte e do Patrimônio Cultural

Section

Direito do Mar/Marítimo e Arte

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How to Cite

Underwater cultural heritage – problems and solutions (?). (2021). Brazilian Journal of International Law, 17(3). https://doi.org/10.5102/rdi.v17i3.7038