Chasing Provenance: Legal Dilemmas for Protecting States with a Verifiable Link to Underwater Cultural Heritage
Ocean and Coastal Management (January 2013) SCI, EI, ISSN: 0964-569
22 Pages Posted: 30 Mar 2013 Last revised: 29 Jun 2021
Date Written: December 28, 2012
Abstract
This paper demonstrates the legal dilemmas for protecting rights of states with a verifiable link to underwater cultural heritage (UCH) at doctrinal and practical levels and from international and domestic perspectives. The dilemmas include vague definitions, time-consuming procedures, weak remedies for violation, jurisdiction conflicts, and legal vacuum. It argues that domestic legislations are limited in offering protection to states with a verifiable link to UCH. More international cooperation is necessary. However, existing international conventions are insufficient in this aspect. Therefore, states are strongly encouraged to conclude bilateral or regional UCH treaties to protect themselves.
Published at Ocean & Coastal Management Volume 84, November 2013, Pages 220-225.
Keywords: underwater cultural heritage, states with a verifiable link
JEL Classification: K2, K3
Suggested Citation: Suggested Citation