The Protection of the Underwater Cultural Heritage

The Protection of the Underwater Cultural Heritage
Author: Anastasia Stratē
Publisher: Martinus Nijhoff Publishers
Total Pages: 518
Release: 1995
Genre: Law
ISBN: 9780792330523

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The marine environment is almost ideal for the preservation of artefacts and, until relatively recently, it also provided complete protection from destruction by man. However, the aqualung has made most shallow underwater sites accessible, leading to widespread plundering. Current deep-sea bed technology now threatens deep water sites. There is a need for immediate international action to preserve the man-made environment, alongside the natural one. The enunciation of legal rules to protect the underwater cultural heritage is a complex issue, involving a matrix of interests and laws, both international and national.

The Protection of the Underwater Cultural Heritage: An Emerging Objective of the Contemporary Law of the Sea

The Protection of the Underwater Cultural Heritage: An Emerging Objective of the Contemporary Law of the Sea
Author: Anastasia Strati
Publisher: BRILL
Total Pages: 503
Release: 2021-09-27
Genre: Law
ISBN: 9004479465

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The marine environment is almost ideal for the preservation of artefacts and, until relatively recently, it also provided complete protection from destruction by man. However, the aqualung has made most shallow underwater sites accessible, leading to widespread plundering. Current deep-sea bed technology now threatens deep water sites. There is a need for immediate international action to preserve the man-made environment, alongside the natural one. The enunciation of legal rules to protect the underwater cultural heritage is a complex issue, involving a matrix of interests and laws, both international and national.

The Protection of the Underwater Cultural Heritage

The Protection of the Underwater Cultural Heritage
Author: Roberta Garabello
Publisher: BRILL
Total Pages: 307
Release: 2021-10-18
Genre: Law
ISBN: 9004479236

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The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents a major step forward in the field of international law. New archaeological rules as well as a comprehensive co-operation system among the States concerned are set up by the new Convention. Despite the negative attitude assumed by few States at the moment of voting for the text of the Convention, this new international instrument is welcome by the great majority of States. This volume focuses on the main aspects of the Convention. It is divided in two parts, to describe the situation before and after the adoption (and the forthcoming into force) of the Convention. In the first part the contradictions resulting from the regime established under the 1982 United Nations Convention on the Law of the Sea are analysed together with the undesirable results of the application of the rules of admiralty (law of salvage and law of finds) to the underwater cultural heritage. In the second part the negotiation process is described, both in its general aspects (the myths surrounding the draft) and in its specific results (the drafting of each single provision).

International Law and the Protection of Cultural Heritage

International Law and the Protection of Cultural Heritage
Author: Craig Forrest
Publisher: Routledge
Total Pages: 482
Release: 2012-08-06
Genre: Law
ISBN: 1135224501

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The world’s cultural heritage is under threat from war, illicit trafficking, social and economic upheaval, unregulated excavation and neglect. Over a period of almost fifty years, the United Nations Educational, Scientific and Cultural Organisation has adopted five international conventions that attempt to protect this cultural heritage. This book comprehensively and critically considers these five UNESCO cultural heritage conventions. The book looks at the conventions in the context of recent events that have exposed the dangers faced by cultural heritage, including the destruction of cultural heritage sites in Iraq and the looting of the Baghdad museum, the destruction the Buddhas of Bamiyan in Afghanistan, the salvage of artefacts from the RMS Titanic and the illicit excavation and trade in Chinese, Peruvian and Italian archaeological objects. As the only existing work to consider all five of the cultural heritage conventions adopted by UNESCO, the book acts as an introduction to this growing area of international law. However, the book does not merely describe the conventional principles and rules, but, critically evaluates the extent to which these international law principles and rules provide an effective and coherent international law framework for the protection of cultural heritage. It is suitable not only for those schooled in the law, but also for those who work with cultural heritage in all its manifestations seeking a broad but critical consideration of this important area of international law.

Intersections in International Cultural Heritage Law

Intersections in International Cultural Heritage Law
Author: Anne Marie Carstens
Publisher: Oxford University Press, USA
Total Pages: 449
Release: 2020-05-20
Genre: Law
ISBN: 0198846290

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The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.

The International Legal Order: Current Needs and Possible Responses

The International Legal Order: Current Needs and Possible Responses
Author: James Crawford
Publisher: BRILL
Total Pages: 843
Release: 2017-04-03
Genre: Law
ISBN: 9004314377

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This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.

The Protection of the Underwater Cultural Heritage

The Protection of the Underwater Cultural Heritage
Author: Sarah Dromgoole
Publisher: BRILL
Total Pages: 462
Release: 2006-09-01
Genre: Law
ISBN: 9047410459

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The legal protection of the underwater cultural heritage is a field in which there is growing international interest. Shipwrecks and other underwater cultural remains in every maritime zone are threatened both by activities ‘directed at’ them, such as treasure hunting, and by activities ‘incidentally affecting’ them, such as mineral exploration and exploitation, pipeline and cable-laying, dredging, and fishing. Since the first edition of this collection (published in 1999), the urgent need for an international legal framework to regulate these activities has been formally recognised by the adoption in 2001 of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. While the prospects for this Convention remain uncertain, it will undoubtedly have a profound influence on national laws and practice in this field. This second collection of essays examines the present state of law, policy and practice in sixteen different jurisdictions around the world in light of the 2001 Convention. Among other things, the viewpoint of each jurisdiction in respect of the Convention is considered and the impact that the Convention is already having, and is likely to have in the future, is explored. Eight of the essays are entirely new, and several additional jurisdictions are covered (Finland, the Federated States of Micronesia, the Netherlands, New Zealand, and Norway). The other essays have been thoroughly updated and revised to take account of the Convention. The contributors come from a variety of backgrounds, but all have specialist knowledge and experience of their particular jurisdiction and a keen interest in the field.