The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage: implementation and effectiveness

Abstract

The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage entered into force in 2009. Little is known of how, or even if, it is being implemented. This study examines the implementation of the Convention in its States Parties and investigates the reasons behind the observed levels of implementation.

Through an investigation of the presence or absence of certain indicators in the national legislation of States Parties to the Convention, it is apparent that there is a low level of compliance with the 2001 Convention. Further, the Convention has so far had a very limited legal effect. From this examination of legal effectiveness, conclusions about the interpretation of certain ambiguous provisions of the Convention are also possible. In particular, there are a small number of indications that the ambiguities in Articles 9 and 10 of the Convention are being interpreted in favour of the coastal State, suggesting an increasing territorialisation of the EEZ.

Interviews of relevant actors were conducted in five case study States. This allowed an examination of the other effects of the Convention and causes of the lack of implementation to be suggested. It is concluded that it is largely factors relating to the States themselves, most notably issues with capacity, that are causing this lack of effect. Finally, suggestions are made which could improve the effectiveness of the Convention and increase the protection of underwater cultural heritage around the world.

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