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Underwater Cultural Heritage in Africa and Questions of Immunity, State Ownership and Succession: What role for Equity?

Underwater Cultural Heritage in Africa and Questions of Immunity, State Ownership and Succession: What role for Equity?
Underwater Cultural Heritage in Africa and Questions of Immunity, State Ownership and Succession: What role for Equity?
Underwater cultural heritage (UCH) is an emerging topic of the law of the sea and international law. Nonetheless, little attention has been paid to UCH situated off the coasts of Africa, despite its archaeological, historical and cultural value. At the same time, there is a growing trend of restitution of cultural heritage removed from African States by their former (Western) colonial powers. Against this background the article argues that the principle of equity regarding State ownership, succession in relation to, and immunity of, African UCH constitutes the mechanism which can lead to a more balanced distribution of UCH between Western and African States.
0927-3522
264–294
Risvas, Michail
bf254cb5-d488-41bf-ab4c-9db124e7850c
Risvas, Michail
bf254cb5-d488-41bf-ab4c-9db124e7850c

Risvas, Michail (2020) Underwater Cultural Heritage in Africa and Questions of Immunity, State Ownership and Succession: What role for Equity? The International Journal of Marine and Coastal Law, 264–294. (doi:10.1163/15718085-bja10001).

Record type: Article

Abstract

Underwater cultural heritage (UCH) is an emerging topic of the law of the sea and international law. Nonetheless, little attention has been paid to UCH situated off the coasts of Africa, despite its archaeological, historical and cultural value. At the same time, there is a growing trend of restitution of cultural heritage removed from African States by their former (Western) colonial powers. Against this background the article argues that the principle of equity regarding State ownership, succession in relation to, and immunity of, African UCH constitutes the mechanism which can lead to a more balanced distribution of UCH between Western and African States.

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[15718085 - The International Journal of Marine and Coastal Law] Underwater Cultural Heritage in Africa and Questions of Immunity, State Ownership and Succession_ What Role for Equity_ - Version of Record
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Accepted/In Press date: 4 April 2020
e-pub ahead of print date: 4 April 2020

Identifiers

Local EPrints ID: 453713
URI: http://eprints.soton.ac.uk/id/eprint/453713
ISSN: 0927-3522
PURE UUID: fe9d0d0d-4056-43f2-973b-7e02fbd392e3

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Date deposited: 21 Jan 2022 17:34
Last modified: 16 Mar 2024 14:13

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