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.
The protection of the underwater cultural heritage : before and after the 2001 UNESCO Convention
Foreword, Abbreviations, Part I The Regime of Underwater Cultural Heritage Before the 2001 UNESCO Convention, 1. A Contradictory and Counterproductive Regime, Tullio Scovazzi, 2. The Application of "Salvage Law and Other Rules of Admira1ty" to the Underwater Cultural Heritage: Some Relevant Cases, Tullio Scovazzi, Part II The 2001 UNESCO Convention, 3. Negotiating the Convention on Underwater Cultural Heritage: Myths and Reality, Ariel W. Gonzalez, 4. The Negotiating History of the Provisions of the Convention on the Protection of the Underwater Cultural Heritage, Roberta Garabe//o, 5. The Crucial Compromise on Salvage Law and the Law of Finds, Guido Carducci, Documents, Bibliography.
International Law Implications of the 1994 Agreement
This paper analyzes the legal implications of the Draft Resolution and Draft Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, as well as the effectiveness of the proposed arrangements under international law.