The Duty to Cooperate and the Protection of Underwater Cultural Heritage

Risvas, Michail (2013) The Duty to Cooperate and the Protection of Underwater Cultural Heritage. Cambridge Journal of International and Comparative Law, 2 (3), 562-590. (doi:10.7574/cjicl.02.03.133).

Abstract

The aim of this article is twofold. First, it will seek to clarify the law in relation to the duty to co-operate for the protection of underwater cultural heritage under the 1982 United Nations Convention on the Law of the Sea, the 2001 United Nations Educational, Scientific and Cultural Organisation Convention on the Protection of the Underwater Cultural Heritage and the ad hoc agreements for the protection of underwater cultural heritage. Second, it will embark on an assessment of the main shortcomings of the current legal framework, namely the general and vague formulation of the duty to co-operate under the United Nations Convention on the Law of the Sea, the controversial character of the United Nations Convention on the Law of the Sea, and the scarcity of ad hoc underwater cultural heritage agreements. It will then suggest possible ways of improving the legal framework by concluding regional conventions and more ad hoc agreements, and negotiating a new universal convention employing other jurisdictional bases, such as nationality, port-state and territoriality.

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