International Underwater Cultural Heritage Governance – Past Doubts and Current Challenges

Abstract

The international legal regime aimed at the protection and governance of underwater cultural heritage is facing substantial strife. Unauthorized salvage and looting are a continuing threat. Alongside these, current challenges include disputes between post-colonies and post-colonial powers over title to sunken vessels, lack of a global policy for the protection of underwater gravesites, and the exploitation of underwater cultural heritage as a means to claim disputed territory. Present times also mark a considerable passing of time since the signing (2001) and entry into force (2009) of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. When the Convention was signed, notable maritime powers were concerned that it erodes international law principles, particularly, marine jurisdiction and state-owned vessels’ immunity. Therefore, they have not joined the Convention. The article revisits the maritime powers’ reservations and maintains that in practice these concerns did not materialize. It then demonstrates the Convention’s competence to face the current challenges to international underwater cultural heritage governance. The article suggests that despite several drawbacks, the Convention is the best international law apparatus to govern and protect the underwater cultural heritage.