History
Since 1982 the important United Nations Convention on the Law of the Sea (“UNCLOS”) codifies that its States Parties need to protect underwater cultural heritage under the term “archaeological and historical objects”. It obliges States Parties to protect such objects, but does not specifically regulate and articulate such protection. However, it leaves expressly room for a specific international regulation for the protection of underwater cultural heritage.
In 1993 UNESCO resolved therefore to look into drafting a new convention for the protection of underwater cultural heritage. By 1996 its member States settled on the need for a legally binding instrument. A group of experts met in Paris to work on a draft convention in 1998, then again in 1999 with major differences expressed on whether the jurisdiction of coastal states was on the continental shelf or the contiguous zone and sovereignty of foreign wrecks located in territorial waters.
Accordingly, the 2001 Convention was adopted by the UNESCO General Conference. It is the response of the international community to the looting and destruction of such heritage. The 2001 Convention offers a high international standard of protection of such heritage. It consists of a comprehensive legal framework and protection regime providing appropriate legal, administrative and operational measures adopted by States Parties according to their respective capabilities.
As of May 2013, the convention has been ratified by 42 states.
Read more about this topic: UNESCO Convention On The Protection Of The Underwater Cultural Heritage
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