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

See all articles by Jie (Jeanne) Huang

Jie (Jeanne) Huang

The University of Sydney - Faculty of Law

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

Huang, Jie (Jeanne), Chasing Provenance: Legal Dilemmas for Protecting States with a Verifiable Link to Underwater Cultural Heritage (December 28, 2012). Ocean and Coastal Management (January 2013) SCI, EI, ISSN: 0964-569, Available at SSRN: https://ssrn.com/abstract=2240986 or http://dx.doi.org/10.2139/ssrn.2240986

Jie (Jeanne) Huang (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
22
Abstract Views
507
PlumX Metrics