The entry into force of the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage
On 2 January 2009 the Convention on the Protection of the Underwater Cultural Heritage (CPUCH; Paris, 2001) entered into force for the first 20 States that decided to become parties to it. The CPUCH can be seen as a reasonable defence against the disastrous regime on underwater cultural heritage set forth by the United Nations Convention on the Law of the Sea (UNCLOS; Montego Bay, 1982). In fact, the UNCLOS allows for a “freedom-of-fishing” regime where a State which has a cultural link with the objects cannot prevent the pillage of its historical heritage. The picture is worsened by the reference in the UNCLOS to “the law of salvage and other rules of admiralty” which have been intended by United States courts as meaning the application of a first-come-first-served approach in many cases relating to the underwater cultural heritage. The basic defensive tools included in the CPUCH are the elimination of the undesirable effects of the law of salvage and finds, the exclusion of a first-come-first-served approach for the heritage found on the continental shelf, and the strengthening of regional cooperation.
Critique of Practical Archaeology: Underwater Cultural Heritage and Best Practices
The international development of the underwater archaeology and underwater cultural heritage (UCH) management disciplines has witnessed a progressive buildup of the disciplinary debate. From an initial methodological focus, still active and necessary, the two interconnected disciplines have moved toward topics and aspects external, but complementary, to the disciplines themselves which are tied together in mutual exchange. Legal, economic, social, cultural (stricto sensu), and psychological aspects all find their expression in strategies quintessential, especially, to the management of UCH. The discipline’s socio-cultural wherewithal has been internationally recognized, analyzed, evaluated, and exploited in the planning of activities directed toward UCH management. In Italy, however, a lack of a coherent planning has emerged which does not take into account the various aspects composing a productive program for the management of UCH, both at the regional and national levels. Considering the issue in Italy, this contribution will offer an overview of the Sardinian perspective, offering some considerations toward envisaging an achievable, structured program for the management of underwater cultural resources within a specific regional panorama.
Recent Developments with Respect to the Continental Shelf
The proclamation of the President of the United States on September 28, 1945, declaring as a matter of policy that the natural resources of the subsoil and sea bed of the continental shelf appertain to the United States, proves to have offered a marketable concept in the marts of international law. Six States have followed the example in the last three years, with certain notable modifications of their own, and it appears not improbable that the principle thus put forward may gain increasing acceptance in international practice. It seems appropriate therefore briefly to review various developments with respect to jurisdiction over the continental shelf, the epicontinental sea, and their resources.