UNESCO Convention On The Protection of The Underwater Cultural Heritage - General Principles of The 2001 Convention

General Principles of The 2001 Convention

For the purposes of the 2001 Convention “Underwater Cultural Heritage” means 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.

Main principles:

1. States Parties to the Convention pledge to preserve underwater cultural heritage for the benefit of humanity, and take action therefore.

2. Furthermore underwater cultural heritage will be protected from being commercially exploited for trade or speculation. This principle is not to be understood as preventing professional archaeology, the deposition of heritage recovered in a research project or preventing salvage activities or actions by finders as long as the requirements of the 2001 Convention are fulfilled. Indeed an important compromise between protection and operational needs has been achieved in the 2001 Convention. Any activity relating to underwater cultural heritage to which the Convention applies shall not be subject to the law of salvage or law of finds, unless it is authorized by the competent authorities; is in full conformity with the Convention; and ensures that any recovery of the underwater cultural heritage achieves its maximum protection.

3. A further important principle is that the preservation in situ of underwater cultural heritage is the first option to be considered (i.e. on the current location on the seabed) in any activity directed at a site. Recovery may however be authorized for the purpose of making a significant contribution to the protection, enhancement or knowledge of underwater cultural heritage. The consideration to be given to in situ preservation as the first option stresses the importance of the historical context of the cultural object and its scientific significance; and recognizes that such heritage is under normal circumstances well preserved under water owing to the low deterioration rate and lack of oxygen and therefore not necessarily in danger. This principle does however not mean that always everything has to be preserved in situ. There may exist reasons to recover artefacts. However, a recovery shall only take place for good reasons and if an appropriate museums space is available, if conservation can be ensured and if there is a benfit forthe public of for science to be expected. Monetary profit to be expected from the sale of artefacts is not to be considered a valid motive for recovery.

Important to know is that because the 2001 Convention does not intend to rewrite the history of seafaring and navigation, it does not regulate the issue of ownership of wrecks or ruins between the States concerned.

The 2001 Convention sets a high standard of protection for underwater cultural heritage that shall be common to all its State Parties. It applies only among States that have ratified the Convention. Each State, if it so wishes, may ensure an even higher standard of protection than foreseen by the Convention.

Furthermore the 2001 Convention does not prejudice the rights or duties of states under international law, including the United Nation Convention on the Law of the Sea (“UNCLOS”). Every state may become a party to the 2001 Convention, regardless of whether it is a State party to UNCLOS or not.

The 2001 Convention contains in addition to the enumerated protection principles a State Cooperation mechanism:

According to the Convention and depending on the current location of the underwater cultural heritage, specific regimes for cooperation between coastal and flag states (and exceptionally other concerned states), are applicable:

States Parties have the exclusive right to regulate activities in their internal and archipelagic waters and their Territorial Sea;

Within their Contiguous Zone States Parties may regulate and authorize activities directed at underwater cultural heritage; and

Within the Exclusive Economic Zone, or the Continental Shelf and within the Area (i.e. the waters outside national jurisdiction), a specific international cooperation regime encompassing notifications, consultations and coordination in the implementation of protective measures is established in the 2001 Convention.

The Convention contains many more important regulations. For instance it contains regulations against the illicit trafficking of cultural property and on training in underwater archaeology. The transfer of technologies and information sharing is also encouraged and public awareness shall be raised concerning the value and significance of the underwater cultural heritage.

A important part of the Convention is its ANNEX – it contains the "Rules concerning activities directed at underwater cultural heritage", i.e. operation schemes for underwater interventions and is internationally recognized as the reference document in the discipline of underwater archaeology.