The Unesco Convention on the Protection of the Underwater Cultural Heritage (Information Kit)

8/9/2019 The Unesco Convention on the Protection of the Underwater Cultural Heritage (Information Kit)

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INTRODUCTION 3

AWEALTHOFUNDERWATERARCHAEOLOGICALSITES 4

AHERITAGEINDANGER 5INCREASINGACCESSIBILITY 5DESTRUCTION,LOOTING,ANDCOMMERCIALEXPLOITATION 5

CASESTUDIES 7

GROWINGINTERESTINUNDERWATERCULTURALHERITAGE 8MUSEUMSANDEXHIBITIONSONLAND 8RECENTDEVELOPMENTS:TOURISTATTRACTIONSANDMUSEUMSUNDERWATER 9

THENEEDFORANINTERNATIONALCONVENTION 10

THE2001CONVENTION 11BASICPRINCIPLES 13THEINTERNATIONALCOOPERATIONSCHEME 14

COMPETENT NATIONAL AUTHORITIES 15

ANNEX:RULESFORACTIVITIESDIRECTEDATUNDERWATERCULTURALHERITAGE 16FUNCTIONINGOFTHE2001CONVENTION 17

THE UNESCO SECRETARIAT 17THE MEETING OF STATES PARTIES 17TECHNICAL ASSISTANCE 17MODALITIES OF RATIFICATION 17

ENTRY INTO FORCE 17

TEXTOFTHE2001CONVENTION 19

BIBLIOGRAPHY 31

CONTENTS


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INTRODUCTIONThe richness o the worlds underwater cultural heritage is oten underesti-mated. While over the last century, archaeological sites on land have yieldedan abundance o inormation on the development o civilizations, the oceans,which cover the larger part o our planet, still retain many o their secrets. How-ever, they contain a unique testament to the spirit o our ancestors or explora-tion; and many shipwrecks and ruins o cities lost to the waves are much betterpreserved than similar sites ound on land.

Nonetheless, looting o underwater cultural heritage and the destruction oits context are increasing rapidly and threaten to deprive humanity o thisheritage. The waves have protected shipwrecks and ruins or centuries, butimprovements in diving technology have made them more accessible andthereore increasingly vulnerable. The pillaging and dispersion o archaeologi-

cal heritage is no longer restricted to land-based sites with treasure huntingnow taking place under water. Nevertheless, while many States have height-ened the preservation o their heritage on land, most o their underwatercultural heritage remains unprotected.

The UNESCO Convention on the Protection o the Underwater Cultural Herit-age, adopted by the UNESCO General Conerence in 2001, intends to enableStates to better protect their underwater heritage.

This inormation kit was produced with the principal aim o promoting thisConvention and encouraging countries to join the ranks o its States Parties.However, UNESCO also hopes that this document will serve to raise public

awareness o the existence o ragile underwater heritage and o the urgentneed to ensure its protection.

Underwater cultural heritage means all traceso human existence having a cultural, historicalor archaeological character which have beenpartially or totally under water, periodically

or continuously, or at least 100 years

2001 Convention, Art. 1 para. 1(a)


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How can you call this planet earth,when it is quite clearly water?

AWEALTHOFUNDERWATER

ARCHAEOLOGICALSITESEntire cities have been swallowed by the waves, and thousands o shipshave perished at sea. While the calm surace o the oceans shows notrace o these ships and buildings, their ruins lie on the sea bed, saelyprotected by water. They provide testimony to the various periods andaspects o our history be it the cruelty o the slave trade, the erocity owars, the impact o natural disasters or the peaceul exchange and inter-cultural dialogue between araway regions.

SHIPWRECkSIt is estimated that over 3 million undiscovered shipwrecks are spreadacross ocean oors around the planet. The Dictionary o Disasters at Sealists or instance 12,542 sailing ships and war vessels lost at sea between1824 and 1962 alone. Many amous vessels have perished, inspiring booksand flms, including the Armada o Philip II o Spain, the Titanic, the eeto Kublai Khan, the ships o Christopher Columbus, and the Spanish gal-leons that plied the seas between the Americas and Spain.

RUINSSimilarly, the remains o countless ancient buildings are now submergedunderwater. While legends tell o the mysterious Atlantis, a genuine

Pompeiihas been discovered in the bay o Alexandria with the ruinso the amous Alexandria lighthouse known as the Pharos (the reputedSeventh Wonder o the World), as well as Cleopatras palace and numer-ous temples. Underwater relics also include numerous Neolithic villagesound at the bottom o the Black Sea; part o ancient Carthage; Hindutemples o breathtaking beauty complementing the World Heritage sitein Mahabalipuram, India; and Jamaicas Port Royal, lost to the wavesduring an earthquake in 1692.

Drassm/Iremer UNESCO. France, Amphorae at great depth, Arles 4, 1st century A.D.


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AHERITAGEINDANGERToday, shipwrecks and underwater ruins are becoming increasingly acces-sible. While proessional equipment and a high level o training remainnecessary to undertake excavations, such sites are no longer beyond thereach o treasure hunters.

INCREASINGACCESSIBILITY In 1942-43, Jacques-Yves Cousteau and Emile Gagnans invention o

the aqualung made it possible to reach greater sea depths with the resultthat wrecks were more accessible.

At the beginning o the twenty-frst century, open circuit divers are

able to descend to a depth o up to 100 metres, and with closed circuitre-breathers to more than 140 m.

In 1989, the Japanese research submarine Shinkai 6.500dived to 6,527metres below sea level in the Trench o Sanriku, Japan. The three-personcrat is used or deep-sea research. In 1995, the Japanese unmannedprobe Kaikodescended to the record depth o 10,911 metres.

DESTRUCTION,LOOTING,ANDCOMMERCIALEXPLOITATION

DESTRUCTIONAn object that has been immersed or a long period in saltwater and

is recovered rom the seabed aces a risk o rapid deterioration whenbrought into contact with air. It has to undergo adequate desalting andconservation treatment to be preserved. In 1840 or instance, when pri-vately recovered arteacts rom the amous Mary Rose shipwreck wereauctioned, it was ound that iron canon balls initially weighing 32 poundshad shrunk to only 19 pounds. Ater being exposed to air or a certaintime, the rise in temperature had caused oxidization. In addition, the salto the seawater had crystallized in drying and urther eroded the struc-ture o the metal. This kind o phenomenon also aects earthenware andwood. Thereore, excavating without proper conservation can easily turninto unintentional vandalism.

LOOTINGMany underwater archaeological sites have already allen prey to heavypillage and thet. As early as 1974, studies showed that all known wreckso the Turkish coast had been looted. By the 1990s, Israeli archaeologistsestimated that almost 60 per cent o cultural objects originally immersedin Israeli waters had been recovered and dispersed with no trace in publiccollections. Similarly, French scientists estimate that, o all antique wrecksknown to lie o the coast o France, only 5 per cent remain untouched.

INSUFFICIENTLEGALPROTECTIONIn many States, the lack o legal protection means that there is nothingto prevent the exploitation and appropriation o objects rom underwatersites by treasure hunters. This is best illustrated by the example o Portugal.

Between 1993 and 1995, Portuguese legislation allowed the sale o arte-acts rom underwater archaeological excavations. At least six internationaltreasure salvaging companies set up operations in Portugal to exploit therich underwater cultural heritage along its coasts. The relevant Portugueselegislation was rozen in 1995 and repealed in 1997, bringing about a revivalo scientifc underwater archaeology. In 2006, Portugal ratifed UNESCOs2001 Convention to strengthen the protection o its underwater culturalheritage and cooperate eectively with other States in the region.


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CASESTUDIESTHETiTanicWRECk,NEWFOUNDLAND,CANADAThis legendary luxury liner that sank in 1912 ater hitting an iceberg was sought in vainover many years. It was not until 1985 that the Titanicwas nally located. Despite aninternational plea that the wreck be let untouched and respected as a mass grave andarchaeological site, a rst expedition began removing arteacts rom the site in 1987.Subsequently, a private company retrieved an additional 1,800 arteacts rom the wreck.Most o these arteacts are likely to be sold and dispersed. However, the UK, Canada,France and the USA are now cooperating toward enorcing protection o the wreck.

THETek SingWRECk,SOUTHCHINASEAIn 1999, enormous quantities o porcelain were salvaged rom one o the last Chinese

Junks, the Tek Sing. The ship, measuring 60 metres in length and over 10 metres in width,was ound by a private treasure-salvaging company operating in the South China Sea.Over 300,000 pieces o porcelain were recovered and auctioned in Stuttgart, Germany.The invaluable cargo was dispersed and the wreck destroyed. The act that the wreckgave testimony to one o the biggest catastrophes in the history o seaaring was o littleconcern to the private salvors. The sinking ship had taken with her almost 1,500 personsto the bottom o the sea more than were killed when the Titanicsank.

THEelizabeTh and MaryWRECk(PHIPSSFLEET),BAIE-TRINIT,CANADAThe oldest shipwreck ever ound in Quebec is the Elizabeth and Mary, discovered in 1994in less than 3 metres o water. One o the nest seventeenth century archaeological col-lections ever brought to light was ound inside the ship. The Parks Canada UnderwaterArchaeology Service proceeded to survey and excavate the wreck over three summers,guarding it round the clock to protect it against storms and treasure hunters. This con-stant presence also enabled the rapid recovery o arteacts that foated to the surace.The remains o the ships hull were drawn, recorded, dismantled and aterwards sub-merged once more in a nearby lake. Overall, the site yielded about 400 separate nds.

THEgelderMalSenWRECk,ADMIRALSTELLINGWERFREEF,INDONESIA

In 1986, a British salvage operator discovered the remains o the Geldermalsen,a Dutchmerchant ship, which sank in 1751 with a cargo o tea, silk, gold and porcelain. Atotal o 126 bars o gold and 160,000 pieces o porcelain were recovered the largestcargo o Chinese export porcelain ever ound. The International Congress o MaritimeMuseums condemned the salvage operation and the destruction o the wreck, arguingthat such an archaeologically important nd should have been excavated by a teamo scientists. Despite this, the cargo o the Geldermalsen was looted or the commercialvalue o its arteacts and with little regard or its archaeological, historical and scienticimportance. The wreck was destroyed, and the porcelain was auctioned in Amsterdamunder the name oThe Nanking Cargo.

THEhMS PandoraWRECk,QUEENSLAND,AUSTRALIAThe Pandora, a rigate sent in search o the amous Bountymutineers in 1790, is oneo the most impressive shipwrecks in the Southern Hemisphere. It sank o the coast oAustralia in 1791. Shortly ater sinking, the ship was covered by a layer o sand that hasprotected it throughout the years, leaving it virtually intact. In 1983, the rst o nineexcavations began, led by the Queensland Museum. These provided a unique windowonto late-eighteenth century European culture and lie at sea. Marine archaeologistsworked within a matrix o grids erected over the sand at depths o 30 to 34 metres,concentrating on areas where the ocers and crew lived and worked. Scientists were

able to collect a wealth o inormation on the daily lie and social customs on board.In addition, the excavations also greatly contributed to a better understanding o theamous mutiny on the Bountyand the tracking o its mutineers.

THEnueSTra Seora de aTochaWRECk,MARQUESASkEYS,FLORIDA,USAThe Nuestra Seora de Atochais one o the most valuable and possibly most conten-tious wrecks ever ound. The Atochawas part o the Spanish feet that plied the wavesbetween Havana and Spain in the seventeenth century. It sank in 1622 o the coasto Florida. In 1970, a private US treasure salvage company began searching or theAtochaand its cargo. Having located and identied the wreck, it obtained a permitrom the State o Florida to excavate the wreck. It ound gold and silver, as well as alarge number o rapiers, muskets and small weapons, storage jars, and coins. Nauticalarchaeologists have heavily criticized the excavation o the Atochaand the treasure

hunters crude and destructive techniques.

BRONzEAGESHIPWRECk,BODRUM,TURkEYThe spectacularUluburun wreck, which sank o the coast o Turkey during the BronzeAge, is one o the oldest ships ever ound. It is housed in the Bodrum Museum oUnderwater Archaeology, a pioneering living museum. Scientic investigation o thewreck began in 1982 and lasted 11 years, yielding 20 tons o arteacts. Archaeologistsound organic matter such as ruit and nuts aboard the ship, as well as pottery, goldand silver jewellery, bronze tools and weapons. The ship has now joined other objectsin a renowned collection recovered during the trailblazing underwater excavationsthat have drawn worldwide attention to the Bodrum Museum.

la JuSTe, PAYSDELALOIRE,FRANCE

In the early 1970s, the wreck oLa Juste, a warship o the French King Louis XV thatsank in 1759, was destroyed by dredgers cleaning the shipping route in the mouth othe river Loire. However, some pieces o the ship and a large number o cannons wererecovered. The remains o the wreck, exhibited in the Muse national de la MarineinParis, include remarkably well-preserved woodwork and ropes. The quality o theseobjects reminds viewers that the destruction o the wreck was a tremendous loss toarchaeological and scientic research and to humanity as a whole.


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GROWINGINTERESTINUNDERWATERCULTURAL

HERITAGEIn recent years, underwater cultural heritage has attracted increasing atten-tion rom both the scientic community and the general public. To scientists,it represents an invaluable source o inormation on ancient civilizations andhistoric seaaring. To the public at large, it oers an opportunity to urtherdevelop leisure diving and tourism.

MUSEUMSANDEXHIBITIONSONLANDToday, many important museums exhibit objects recovered rom underwaterruins or shipwrecks. Some even exhibit whole wrecks. The most amous exhi-bitions include:

The exhibit o Swedens Wasashipwreck, which attracts 750,000 visitorsa year;

Bodrum and its Museum o Underwater Archaeology, home to preciouscollections rom a series o historic wrecks discovered along Turkeys south-ern shores, representing one o the most popular sites or cultural tourism inTurkey;

Great Britains Mary Rose shipwreck in Portsmouth, which has alreadyattracted over 4 million visitors. In 1982, the raising o the 580-ton wreckrom the ocean foor was broadcast live on British television. The operationstirred vast public interest and drew 60 million viewers.

Although scientists believe they have categoricallydisproved the myth o Atlantis, the idea is

more popular now than ever beore.

BBC2 on 14 December 2000

U. Koschtial UNESCO. Ancient seaaring resco on the walls o the temple o Borobudur, Indonesia.


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RECENTDEVELOPMENTS:TOURISTATTRACTIONSANDMUSEUMSUNDERWATERUnderwater cultural heritage is also ascinating due to the mystery o its loca-tion under water and its historical context. The site o a wreck or a submerged

ruin is the reminder o a human tragedy the ending o a journey and a loss ohuman lives. The discovery o the site o a wreck enables people to step backinto the past and relive the last moments o the ship and its crew.

Once out o the water and exhibited on land, objects are deprived o theircontext and lose part o their signicance. Thereore, several recent initiativeshave undertaken to oer visitors in situexperiences while at the same timeensuring the conservation and protection o the original site in line with theprinciples o the UNESCO 2001 Convention:

The ancient port o Caesarea, a magnicent harbour built by King Herodin honour o his Roman patron, Caesar Augustus, was the largest port in theRoman Empire at the height o its glory in 10 BC. Today, more than 2,000 years

later, it has become a museum-like diving site o the Mediterranean coast oIsrael. Divers are given a highly detailed waterproo map that describes each othe 28 numbered sites. Sign-posts guide visitors along the underwater trail.

The Florida Keys National Marine Sanctuary has created a trail between thevarious sites o historic shipwrecks scattered along the coral rees a ew mileso the Florida Keys. The Marine Sanctuary aims at teaching visitors aboutmaritime heritage and at increasing the visibility o underwater cultural herit-age. An underwater site guide is available or each o the nine shipwreck trailsites, which provides the position o the shipwreck and o the mooring buoy.

The Yongalawreck, situated o the coast o Australia, is one o the most requented underwater sites in the world. Thousands o divers visit it each

year. Similarly, the wrecks in Galle Harbour, o the south coast o Sri Lanka,and those o the coast o Zanzibar, attract divers rom all over the world.

However, such sites are only within the reach o a limited number o divers.The building o a true underwater museum is necessary in order to makesites accessible to the public at large. Several projects are already under con-sideration or construction:

The site o Baiheliang (China) is submerged beneath the waters o thearticial dam o the Three Gorges Reservoir. This stone-ridge bears the earli-est hydrological inscriptions, recording 1,200 consecutive years o water-levelchanges. Beore the lling o the Three Gorges Reservoir, the ridge was con-cealed by high waters while remaining visible when water was scarce. In orderto protect the site, Chinas authorities decided to cover the Baiheliang reewith an arch-shaped pressure-ree water container. In addition, two underwa-ter tunnels were built rom the riverbanks enabling the general public to visitthe site and see the inscriptions.

The Pharos o Alexandria and the palace o Cleopatra, in Egypt,were driven into the sea by a series o earthquakes in the ourteenth cen-tury. Today, they lie 6 to 8 metres under the waters o the bay o Alexandria.Underwater archaeologists and other scientists have carried out several exca-vations to explore and save the ruins. Thousands o objects (statues, sphinxes,columns and blocks) superimposed rom Pharaonic, Ptolemaic and Romanperiods have been recovered and partly presented to the public in major exhi-bitions, each drawing thousands o visitors. The rest o the ruins will be let inthe bay, and the construction o an underwater museum in cooperation withUNESCO is being considered in order to preserve the relics in situ.

LHour/Drassm UNESCO. France, Copper cauldron,wreck o the Dorothe, 1693, Villeranche-sur-Mer, excavation by M. LHour.


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THE12UNITEDNATIONSCONVENTIONONTHELAWOFTHESEA(UNCLOS)

UNCLOS is one o the most important international treaties regulatingthe law o the sea. It currently has over 150 States Parties. Among otherprovisions, it contains regulations on sovereignty at sea. Articles 149 and303 provide or the obligation o States Parties to protect underwater

cultural heritage. However, UNCLOS does not speciy the details o thisprotection and thereore expressly allows or a more specifc interna-tional agreement in Article 303, paragraph 4.

The UNESCO Convention on the Protection o the Underwater Cul-tural Heritage, elaborated nearly two decades later in 2001, is an inter-national agreement specifcally dedicated to the protection o underwa-ter cultural heritage. The Convention, which recognizes this heritage aspart o the cultural heritage o humanity, was designed to guarantee itspreservation through a specifc protection and cooperation rameworkamong its States Parties.

The 2001 Convention regulates that it has to be applied in conormitywith other international law, including UNCLOS.

THENEEDFORANINTERNATIONAL

CONVENTIONDespite the great historical and cultural importance o underwater cul-tural heritage, appropriate legal protection is oten lacking.

NATIONALLEGISLATIONSANDJURISDICTION

A number o States oer no legal protection or their underwater culturalheritage, while others provide or a basic or even a high level o protec-

tion. However, even when such protection exists, gaps in the legislationand State sovereignty enable treasure hunters to pursue their activitiesand exploit arteacts or mere commercial purposes, disregarding theloss to humanity and science.

Even the most protective national legislations do not entirely sufce toeectively saeguard underwater cultural heritage, owing to its specifcnature and location. Only a small part o the worlds oceans, adjacentto national territories the Territorial Sea alls within the exclusivenational jurisdiction o only one State. However, or the most part, Statejurisdiction is very limited. On the High Sea there is no other State juris-diction than that which applies to a States own vessels and nationals.

There is thereore an urgent need or an international legal instrumentto regulate and coordinate the protection o underwater archaeologicalsites and encourage cooperation between States.

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E. Trainito UNESCO. Wreck o the Umbria,Wingate Ree, Port Sudan.


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THE2001CONVENTIONThe 2001 Convention is specifc to underwater cultural heritage. For itspurposes the term Underwater Cultural Heritage is used to mean all

traces o human existence having a cultural, historical or archaeologicalcharacter which have been partially or totally under water, periodically orcontinuously, or at least 100 years (Art. 1 para. 1(a)).

The Convention sets a high standard or the protection o such heritage,with a view to preventing its being looted or destroyed. Its standard iscomparable to that granted by other UNESCO Conventions or nationallegislation on cultural heritage on land, and yet specifc to archaeologicalsites under water.

The Convention contains minimum requirements. Each State Party, i itso wishes, may choose to develop even higher standards o protection.

THE2001CONVENTION sets out basic principles or protecting underwater cultural heritage;

contains provisions or an international cooperation scheme;

provides practical guidelines or dealing with such heritage.

The 2001 Convention is independent o any other treaty. Every Statemay become a party to the 2001 Convention, regardless o whether it isalready a State Party to UNCLOS or other agreements. The Convention isurthermore not intended to aect State practice pertaining to sovereign

immunities, nor any States rights with respect to its State vessels and air-crat. It does not prejudice or aect rights, jurisdiction or duties o Statesunder international law (including UNCLOS).

Joining the Convention

Prevents the commercial exploitation and dispersion o underwater cul-tural heritage;

Guarantees that it will be preserved or the uture and in situ;

Helps the tourism industry concerned;

Enables capacity building and the exchange o knowledge; and,

Enables eective international cooperation.

There are two parts to the 2001 Convention:

The Main text, which sets out basic principles or the protection ounderwater cultural heritage and provides a detailed reporting and coor-dinating system in order to enable States to undertake such protection;and

The Annex, which contains widely recognized and applied practical

rules or the treatment and research o underwater cultural heritage.

The UNESCO 2001 Conventionis a git rom heaven or

underwater archaeologists.

Robert Grenier, President o the ICOMOS InternationalCommittee or the Underwater Cultural Heritage

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BASICPRINCIPLESThe goal o the 2001 Convention is to ensure an eective protection o

underwater cultural heritage and its preservation or uture generations.It also aims at enabling States to eectively provide such protection. Itsmain principles are the ollowing:

OBLIGATIONTOPRESERVEUNDERWATERCULTURALHERITAGEStates Parties shall preserve underwater cultural heritage or the ben-eft o humanity and take action accordingly. The 2001 Convention alsorequires that proper respect be given to all human remains located inmaritime waters.

in SiTuPRESERVATIONASAPREFERREDOPTIONThe in situ preservation o underwater cultural heritage (i.e. on theseabed) shall be considered as the frst and preerred option beore allow-ing or engaging in any activities directed at this heritage. The recovery oobjects may however be authorized or the purpose o making a signif-cant contribution to the protection o or knowledge about underwatercultural heritage.The preerence given to in situpreservation as the frst option: stresses the importance o and respect or the historical context o the

cultural object and its scientifc signifcance; seeks to prevent a repetition o errors made in the nineteenth century,when large-scale cultural objects on land were removed rom their origi-nal locations; and, recognizes that, under normal circumstances, heritage is well preservedunder water owing to the low deterioration rate and lack o oxygen, andthat it is thereore not per sein danger.

NOCOMMERCIALEXPLOITATIONUnderwater cultural heritage shall not be commercially exploited ortrade or speculation nor shall it be irretrievably dispersed. This regula-tion is in conormity with the moral principles that already apply to cul-tural heritage on land. Naturally, it is not to be understood as preventingarchaeological research or tourist access.As regards the existing salvage lawand the law o fnds, the Conventionspecifes that they shall not apply to activities relating to underwatercultural heritage, unless these activities are authorized by competentauthorities, are in ull conormity with the Convention, and the greatestpossible protection can be ensured or recovered objects.

TRAININGANDINFORMATIONSHARINGStates Parties should promote inormation sharing, training in under-water archaeology, and technology transer and raise public awareness

concerning the signifcance o underwater cultural heritage. They shouldurthermore cooperate and assist each other in the protection and man-agement o such heritage, including collaborating in its investigation,conservation, study and presentation.

no regulaTion of The ownerShiP of heriTageThe 2001 Convention does not intend to arbitrate quarrels or claims toownership. Thereore, it does not regulate the ownership o a cultural

property between the various parties concerned.

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THEINTERNATIONALCOOPERATIONSCHEMEIn the Exclusive Economic Zone, on the Continental Shelfand in the AreaStateshave only a very limited jurisdiction and sovereignty. In the Area(i.e. the seabed outside national jurisdiction) they even have no other State jurisdictionthan that over their own vessels and nationals. Respecting this, the 2001 Con-vention establishes thereore clear provisions or an international reportingand cooperation scheme in order to render protection eective in all maritimezones. Depending on the location o underwater cultural heritage, the ollow-ing shall be applicable:

INTERNALANDARCHIPELAGICWATERSANDTERRITORIALSEARespecting the basic principles o the 2001 Convention States Parties have theexclusive right to regulate activities in their Internaland Archipelagic Watersand theirTerritorial Sea(2001 Convention, Article 7).

EXCLUSIVEECONOMICzONE,THECONTINENTALSHELFANDTHEAREA* Articles 9 to 11 o the 2001 Convention establish a specic internationalcooperation regime encompassing reporting, consultations and coordinationin the implementation o protective measures or heritage ound within theExclusive Economic Zone, the Continental Shelfand the Area. Nevertheless, theConvention does not prejudice the rights, jurisdiction and duties o States

under international law, nor other international agreements and rules o inter-national law.

OVERVIEWOFTHEVARIOUSMARITIMEzONES**

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Territorial Sea(12 nautical miles rom baseline)

Contiguous Zone(up to 12 miles)

Exclusive Economic Zone(up to 200 naut. miles rom baseline)

High Sea

Land

Continental ShelArea

(deep sea bed)

* No obligatory and detailed reporting or coordination scheme is oreseen orthe Zone o a Territorial Sea, as those waters all within exclusive State jurisdiction.States Parties shall however cooperate with each other according to Article 2.2o the Convention.

** This diagram shows the maritime zones as regulated in UNCLOS, or States notparty to UNCLOS other limitations o theses zones may apply. The 2001 Convention

does not change the limitations o maritime zones (the existing ones apply mutatismutandisas regulated by international law).


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The main achievements and basic eatures o the reporting and coordi-nation scheme or sites located on the seabed seawards rom the TerritorialSeao a State Party are:

Each State Party will adopt domestic legislation to ensure that its ownnationals and vessels do not engage in any activity directed at underwatercultural heritage in a manner not in conormity with the 2001 Convention;

Each State Party will require its nationals and vessels to report discov-eries and activities concerning underwater cultural heritage located inthe Exclusive Economic Zone, on the Continental Sheland in the Areaandinorm the other States Parties accordingly;

I no State has jurisdiction over the location o the concerned archae-ological site (beside jurisdiction over its own nationals and vessels) aCoordinating State takes over the control o the site, coordinatingthe cooperation and consultation among States Parties and implement-ing their decisions, while acting on behal o the States Parties and notin its own interest;

States Parties will take measures to prevent the dealing in underwa-ter cultural heritage illicitly exported and / or recovered and seize it, iit is ound in their territory.

COMPETENTNATIONALAUTHORITIESIn order to ensure the eective implementation o the 2001 Convention,States Parties shall establish competent authorities or reinorce the existingones, where appropriate.

These authorities shall:

provide or the establishment, maintenance and updating o an inventoryo underwater cultural heritage;

ensure the eective protection, conservation, presentation and manage-ment o such heritage; and,

oster research and education in this eld.

Inormation shared between States Parties or UNESCO shall be kept con-dential and reserved to the competent authorities as long as the disclosureo such inormation might endanger the preservation o underwater cultural

heritage.

E. Trainito UNESCO. Italy, wreck located in Porto San Paolo, III. Century A.D.


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ANNEX:RULESFORACTIVITIESDIRECTEDATUNDERWATERCULTURALHERITAGEThe Annex o the 2001 Convention contains detailed practical rules oractivities directed at underwater cultural heritage. They are widely recog-nized and applied and include: regulations as to how a project is to be designed; guidelines regarding the competence and the qualifcations requiredor persons undertaking activities; and methodologies on conservation and site management.In act, the 36 Rules o the Annex present a directly applicable operation

scheme or underwater interventions. Over the years, they have becomea reerence document in the feld o underwater excavations and archae-ology, setting out regulations or a responsible management o such cul-tural heritage. They constitute one o the most valuable achievements othe 2001 Convention.

Every proessional working in the feld o underwater cultural her-itage should strictly comply with these Rules.

M. Gleeson UNESCO. Wreck and diver at Truk.

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FUNCTIONINGOFTHE2001CONVENTION

THEUNESCOSECRETARIATUNESCO is the Secretariat to the 2001 Convention. The duties o theSecretariat include organizing Meetings o States Parties, assisting StatesParties in implementing the decisions o the Meetings o States Parties,and ensuring the promotion and administration o the Convention.

THEMEETINGOFSTATESPARTIES

The Director-General o UNESCO shall convene a Meeting o States Par-ties to the 2001 Convention within one year o its entry into orce andthereater at least once every two years. At the request o a majority oStates Parties, the Director-General may convene an Extraordinary Meet-ing o States Parties.

TECHNICALASSISTANCEArticle 23 o the 2001 Convention on the Protection o the Underwa-ter Cultural Heritage provides that the Meeting o States Parties mayestablish a Scientifc and Technical Advisory Body composed o experts

nominated by the States Parties, respecting an equitable geographicaldistribution and gender balance. It shall appropriately assist the Meetingo States Parties in questions o a scientifc or technical nature regardingthe implementation o the Rules.

MODALITIESOFRATIFICATIONAs provided in the 2001 Convention, the deposit o an instrument oratifcation, acceptance, approval or accession with the Director-Generalo UNESCO expresses the consent o the concerned State to be bound bythe Convention. It becomes State Party. Besides States, certain territoriesdefned by the 2001 Convention may join.

According to the Convention, UNESCO is the only legal depositary or

such instruments and the only authority entitled to accept ratifcationso this Convention. Thereore, only those instruments deposited withUNESCO take legal eect. The consent to be bound by the 2001 Conven-tion has to be declared in writing and expressly. Verbal or implicit accept-ance maniested by a State have no legal eect.

In general, the steps necessary to ratiy the Convention are the ollowing: A political consideration o the desirability o the ratifcation at thenational level; A national authorization process (by parliament or an equivalent author-ity) to allow the executive authorities o a State to declare the consent othe State to be bound by the Convention; and, The external expression o consent o the State to be bound by theConvention at the international level.

While UNESCO Member States may ratiy, accept or approve the 2001Convention, Non-Member States may only accede. Regardless o thechosen instrument or o the status o the State (Member or Non-Membero UNESCO), the legal value o the chosen act carries equal weight.

Any reservations and declarations made by a State joining the 2001 Con-vention should be stated in a letter accompanying the instrument o rati-fcation. They should not be included in the instrument itsel.

ENTRYINTOFORCEAccording to Article 27, the 2001 Convention shall enter into orce threemonths ater the date o the deposit o the twentieth instrument reerredto in Article 26, but solely with respect to the twenty States or territoriesthat have so deposited their instruments. It shall enter into orce or eachother State or territory three months ater the date on which that Stateor territory has deposited its instrument.

The Status o the Ratifcations o the 2001 Convention can be consultedvia the Culture page o the UNESCO website www.unesco.org.
http://www.unesco.org/http://www.unesco.org/


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M. Gleeson UNESCO. Wreck oJacque del Mar, touching the water surace.


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TEXTOFTHE2001CONVENTION:

CONVENTIONONTHEPROTECTIONOFTHEUNDERWATERCULTURALHERITAGEUNESCO, Paris, 2 November 2001

The General Conerence o the United Nations Edu-cational, Scientic and Cultural Organization, meet-ing in Paris rom 15 October to 3 November 2001, atits 31st session,

Acnowledgingthe importance o underwater culturalheritage as an integral part o the cultural heritageo humanity and a particularly important elementin the history o peoples, nations, and their rela-tions with each other concerning their commonheritage,

Realiingthe importance o protecting and preservingthe underwater cultural heritage and that respon-

sibility thereor rests with all States,Notinggrowing public interest in and public appre-

ciation o underwater cultural heritage,

Convincedo the importance o research, inormationand education to the protection and preservationo underwater cultural heritage,

Convincedo the publics right to enjoy the educa-tional and recreational benets o responsiblenon-intrusive access to in situ underwater culturalheritage, and o the value o public education tocontribute to awareness, appreciation and protec-tion o that heritage,

Awareo the act that underwater cultural heritage isthreatened by unauthorized activities directed atit, and o the need or stronger measures to pre-vent such activities,

Consciouso the need to respond appropriately to thepossible negative impact on underwater culturalheritage o legitimate activities that may inciden-tally aect it,

Deeply concerned by the increasing commercialexploitation o underwater cultural heritage, andin particular by certain activities aimed at the sale,acquisition or barter o underwater cultural herit-age,

Awareo the availability o advanced technology thatenhances discovery o and access to underwatercultural heritage,

Believing that cooperation among States, interna-tional organizations, scientic institutions, proes-sional organizations, archaeologists, divers, otherinterested parties and the public at large is essen-tial or the protection o underwater cultural herit-

age,

Considering that survey, excavation and protectiono underwater cultural heritage necessitate theavailability and application o special scienticmethods and the use o suitable techniques andequipment as well as a high degree o proessionalspecialization, all o which indicate a need or uni-orm governing criteria,

Realiingthe need to codiy and progressively developrules relating to the protection and preservationo underwater cultural heritage in conormitywith international law and practice, including the

UNESCO Convention on the Means o Prohibit-ing and Preventing the Illicit Import, Export andTranser o Ownership o Cultural Property o 14November 1970, the UNESCO Convention orthe Protection o the World Cultural and NaturalHeritage o 16 November 1972 and the UnitedNations Convention on the Law o the Sea o 10December 1982,

Committedto improving the eectiveness o measuresat international, regional and national levels orthe preservation in situ or, i necessary or scien-tic or protective purposes, the careul recovery ounderwater cultural heritage,

Havingdecidedat its twenty-ninth session that thisquestion should be made the subject o an inter-national convention,

Adoptsthis second day o November 2001 this Con-vention.

Article1DefnitionsFor the purposes o this Convention:1.(a)Underwater cultural heritage means all traceso human existence having a cultural, historical orarchaeological character which have been partiallyor totally under water, periodically or continuously,or at least 100 years such as:

(i) sites, structures, buildings, arteacts andhuman remains, together with their archaeo-logical and natural context;(ii) vessels, aircrat, other vehicles or any partthereo, their cargo or other contents, togetherwith their archaeological and natural context;and

(iii)objects o prehistoric character.(b) Pipelines and cables placed on the seabed shallnot be considered as underwater cultural heritage.(c) Installations other than pipelines and cables,placed on the seabed and still in use, shall not beconsidered as underwater cultural heritage.

2.(a)States Parties means States which have con-sented to be bound by this Convention and orwhich this Convention is in orce.

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(b)This Convention applies mutatis mutandis tothose territories reerred to in Article 26, para-graph 2(b), which become Parties to this Conven-tion in accordance with the conditions set out inthat paragraph, and to that extent States Partiesreers to those territories.

. UNESCO means the United Nations Educa-tional, Scientic and Cultural Organization..Director-General means the Director-General o

UNESCO..Area means the seabed and ocean foor and subsoilthereo, beyond the limits o national jurisdiction.6.Activities directed at underwater cultural herit-age means activities having underwater culturalheritage as their primary object and which may,directly or indirectly, physically disturb or otherwisedamage underwater cultural heritage.

.Activities incidentally aecting underwater cul-tural heritage means activities which, despite nothaving underwater cultural heritage as their primaryobject or one o their objects, may physically disturbor otherwise damage underwater cultural heritage..State vessels and aircrat means warships, andother vessels or aircrat that were owned or oper-ated by a State and used, at the time o sinking, onlyor government non-commercial purposes, that areidentied as such and that meet the denition ounderwater cultural heritage.

. Rules means the Rules concerning activitiesdirected at underwater cultural heritage, as reerredto in Article 33 o this Convention.

Article2Objectivesandgeneralprinciples1.This Convention aims to ensure and strengthenthe protection o underwater cultural heritage.

2. States Parties shall cooperate in the protection ounderwater cultural heritage.. States Parties shall preserve underwater culturalheritage or the benet o humanity in conormitywith the provisions o this Convention.

.States Parties shall, individually or jointly as appro-priate, take all appropriate measures in conormitywith this Convention and with international lawthat are necessary to protect underwater cultural

heritage, using or this purpose the best practicablemeans at their disposal and in accordance with theircapabilities.. The preservation in situ o underwater culturalheritage shall be considered as the rst option beoreallowing or engaging in any activities directed at thisheritage.

6.Recovered underwater cultural heritage shall bedeposited, conserved and managed in a manner thatensures its long-term preservation.

.Underwater cultural heritage shall not be commer-cially exploited..Consistent with State practice and internationallaw, including the United Nations Convention onthe Law o the Sea, nothing in this Convention shallbe interpreted as modiying the rules o interna-tional law and State practice pertaining to sovereignimmunities, nor any States rights with respect to itsState vessels and aircrat.

.States Parties shall ensure that proper respect isgiven to all human remains located in maritimewaters.

10.Responsible non-intrusive access to observe or

document in situ underwater cultural heritage shallbe encouraged to create public awareness, apprecia-tion, and protection o the heritage except wheresuch access is incompatible with its protection andmanagement.11.No act or activity undertaken on the basis o thisConvention shall constitute grounds or claiming,contending or disputing any claim to national sov-ereignty or jurisdiction.

ArticleRelationshipbetweenthisConventionandtheUnitedNationsConventionontheLawotheSea

Nothing in this Convention shall prejudice therights, jurisdiction and duties o States under inter-national law, including the United Nations Conven-tion on the Law o the Sea. This Convention shallbe interpreted and applied in the context o and ina manner consistent with international law, includ-ing the United Nations Convention on the Law othe Sea.

ArticleRelationshiptolawosalvageandlawofndsAny activity relating to underwater cultural heritageto which this Convention applies shall not be sub-ject to the law o salvage or law o nds, unless it:(a) is authorized by the competent authorities,and(b) is in ull conormity with this Convention,and(c) ensures that any recovery o the underwater cul-

tural heritage achieves its maximum protection.

ArticleActivitiesincidentallyaectingunderwaterculturalheritageEach State Party shall use the best practicable meansat its disposal to prevent or mitigate any adverseeects that might arise rom activities under its juris-diction incidentally aecting underwater culturalheritage.

Article6Bilateral,regionalorothermultilateralagreements

1.States Parties are encouraged to enter into bilat-eral, regional or other multilateral agreements ordevelop existing agreements, or the preservation ounderwater cultural heritage. All such agreementsshall be in ull conormity with the provisions o thisConvention and shall not dilute its universal charac-ter. States may, in such agreements, adopt rules andregulations which would ensure better protection ounderwater cultural heritage than those adopted inthis Convention.2. The Parties to such bilateral, regional or othermultilateral agreements may invite States with averiable link, especially a cultural, historical or

archaeological link, to the underwater cultural herit-age concerned to join such agreements..This Convention shall not alter the rights and obli-gations o States Parties regarding the protection osunken vessels, arising rom other bilateral, regionalor other multilateral agreements concluded beoreits adoption, and, in particular, those that are inconormity with the purposes o this Convention.

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ArticleUnderwaterculturalheritageininternalwaters,archipelagicwatersandterritorialsea1.States Parties, in the exercise o their sovereignty, havethe exclusive right to regulate and authorize activitiesdirected at underwater cultural heritage in their inter-nal waters, archipelagic waters and territorial sea.2.Without prejudice to other international agree-ments and rules o international law regarding theprotection o underwater cultural heritage, States Par-

ties shall require that the Rules be applied to activitiesdirected at underwater cultural heritage in their inter-nal waters, archipelagic waters and territorial sea..Within their archipelagic waters and territorial sea,in the exercise o their sovereignty and in recogni-tion o general practice among States, States Parties,with a view to cooperating on the best methods oprotecting State vessels and aircrat, should inormthe fag State Party to this Convention and, i appli-cable, other States with a veriable link, especiallya cultural, historical or archaeological link, withrespect to the discovery o such identiable Statevessels and aircrat.

ArticleUnderwaterculturalheritageinthecontiguousoneWithout prejudice to and in addition to Articles 9and 10, and in accordance with Article 303, para-graph 2, o the United Nations Convention onthe Law o the Sea, States Parties may regulate andauthorize activities directed at underwater culturalheritage within their contiguous zone. In so doing,they shall require that the Rules be applied.

ArticleReportingandnotifcationintheexclusive

economiconeandonthecontinentalshel1.All States Parties have a responsibility to protectunderwater cultural heritage in the exclusive eco-nomic zone and on the continental shel in con-ormity with this Convention.Accordingly:

(a) a State Party shall require that when its national,or a vessel fying its fag, discovers or intends toengage in activities directed at underwater cultural

heritage located in its exclusive economic zone oron its continental shel, the national or the mastero the vessel shall report such discovery or activityto it;

(b) in the exclusive economic zone or on the con-tinental shel o another State Party:

(i)States Parties shall require the national or themaster o the vessel to report such discovery oractivity to them and to that other State Party;(ii)alternatively, a State Party shall require thenational or master o the vessel to report suchdiscovery or activity to it and shall ensure therapid and eective transmission o such reportsto all other States Parties.

2. On depositing its instrument o ratication,acceptance, approval or accession, a State Party shalldeclare the manner in which reports will be trans-mitted under paragraph 1(b) o this Article.

.A State Party shall notiy the Director-General odiscoveries or activities reported to it under para-graph 1 o this Article.

.The Director-General shall promptly make avail-able to all States Parties any inormation notied to

him under paragraph 3 o this Article..Any State Party may declare to the State Party inwhose exclusive economic zone or on whose con-tinental shel the underwater cultural heritage islocated its interest in being consulted on how toensure the eective protection o that underwatercultural heritage. Such declaration shall be based ona veriable link, especially a cultural, historical orarchaeological link, to the underwater cultural herit-age concerned.

Article10Protectionounderwaterculturalheritagein

theexclusiveeconomiconeandonthecontinentalshel1.No authorization shall be granted or an activitydirected at underwater cultural heritage located inthe exclusive economic zone or on the continentalshel except in conormity with the provisions othis Article.2.A State Party in whose exclusive economic zone oron whose continental shel underwater cultural her-itage is located has the right to prohibit or author-

ize any activity directed at such heritage to preventintererence with its sovereign rights or jurisdictionas provided or by international law including theUnited Nations Convention on the Law o the Sea.

.Where there is a discovery o underwater cul-tural heritage or it is intended that activity shall bedirected at underwater cultural heritage in a StatePartys exclusive economic zone or on its continen-tal shel, that State Party shall:(a) consult all other States Parties which havedeclared an interest under Article 9, paragraph 5,on how best to protect the underwater culturalheritage;(b) coordinate such consultations as Coordinat-ing State, unless it expressly declares that it doesnot wish to do so, in which case the States Partieswhich have declared an interest under Article 9,paragraph 5, shall appoint a Coordinating State.

.Without prejudice to the duty o all States Partiesto protect underwater cultural heritage by way o allpracticable measures taken in accordance with inter-national law to prevent immediate danger to theunderwater cultural heritage, including looting, the

Coordinating State may take all practicable meas-ures, and/or issue any necessary authorizations inconormity with this Convention and, i necessaryprior to consultations, to prevent any immediatedanger to the underwater cultural heritage, whetherarising rom human activities or any other cause,including looting. In taking such measures assist-ance may be requested rom other States Parties..The Coordinating State:(a)shall implement measures o protection whichhave been agreed by the consulting States, whichinclude the Coordinating State, unless the consult-ing States, which include the Coordinating State,

agree that another State Party shall implementthose measures;(b)shall issue all necessary authorizations or suchagreed measures in conormity with the Rules,unless the consulting States, which include theCoordinating State, agree that another State Partyshall issue those authorizations;(c) may conduct any necessary preliminaryresearch on the underwater cultural heritage and

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shall issue all necessary authorizations thereor,and shall promptly inorm the Director-General othe results, who in turn will make such inorma-tion promptly available to other States Parties.

6. In coordinating consultations, taking measures,conducting preliminary research and/or issuingauthorizations pursuant to this Article, the Coordi-nating State shall act on behal o the States Partiesas a whole and not in its own interest. Any suchaction shall not in itsel constitute a basis or theassertion o any preerential or jurisdictional rightsnot provided or in international law, including theUnited Nations Convention on the Law o the Sea..Subject to the provisions o paragraphs 2 and 4 othis Article, no activity directed at State vessels andaircrat shall be conducted without the agreemento the fag State and the collaboration o the Coor-dinating State.

Article11ReportingandnotifcationintheArea1. States Parties have a responsibility to protectunderwater cultural heritage in the Area in con-

ormity with this Convention and Article 149 o theUnited Nations Convention on the Law o the Sea.Accordingly when a national, or a vessel fying thefag o a State Party, discovers or intends to engagein activities directed at underwater cultural heritagelocated in the Area, that State Party shall require itsnational, or the master o the vessel, to report suchdiscovery or activity to it.2.States Parties shall notiy the Director-General and theSecretary-General o the International Seabed Author-ity o such discoveries or activities reported to them.

.The Director-General shall promptly make avail-able to all States Parties any such inormation sup-

plied by States Parties.. Any State Party may declare to the Director-General its interest in being consulted on how toensure the eective protection o that underwatercultural heritage. Such declaration shall be basedon a veriable link to the underwater cultural herit-age concerned, particular regard being paid to thepreerential rights o States o cultural, historical orarchaeological origin.

Article12ProtectionounderwaterculturalheritageintheArea1.No authorization shall be granted or any activitydirected at underwater cultural heritage located inthe Area except in conormity with the provisionso this Article.2.The Director-General shall invite all States Par-ties which have declared an interest under Article11, paragraph 4, to consult on how best to protectthe underwater cultural heritage, and to appoint aState Party to coordinate such consultations as theCoordinating State. The Director-General shallalso invite the International Seabed Authority toparticipate in such consultations.

.All States Parties may take all practicable measuresin conormity with this Convention, i necessaryprior to consultations, to prevent any immediatedanger to the underwater cultural heritage, whetherarising rom human activity or any other causeincluding looting..The Coordinating State shall:(a) implement measures o protection whichhave been agreed by the consulting States, which

include the Coordinating State, unless the consult-ing States, which include the Coordinating State,agree that another State Party shall implementthose measures; and

(b) issue all necessary authorizations or suchagreed measures, in conormity with this Conven-tion, unless the consulting States, which includethe Coordinating State, agree that another StateParty shall issue those authorizations.

.The Coordinating State may conduct any neces-sary preliminary research on the underwater culturalheritage and shall issue all necessary authorizationsthereor, and shall promptly inorm the Director-

General o the results, who in turn shall make suchinormation available to other States Parties.6.In coordinating consultations, taking measures,conducting preliminary research, and/or issuingauthorizations pursuant to this Article, the Coor-dinating State shall act or the benet o humanityas a whole, on behal o all States Parties. Particu-lar regard shall be paid to the preerential rightso States o cultural, historical or archaeological

origin in respect o the underwater cultural herit-age concerned..No State Party shall undertake or authorize activi-ties directed at State vessels and aircrat in the Areawithout the consent o the fag State.

Article1SovereignimmunityWarships and other government ships or militaryaircrat with sovereign immunity, operated or non-commercial purposes, undertaking their normalmode o operations, and not engaged in activitiesdirected at underwater cultural heritage, shall not beobliged to report discoveries o underwater culturalheritage under Articles 9, 10, 11 and 12 o this Con-vention. However States Parties shall ensure, by theadoption o appropriate measures not impairing theoperations or operational capabilities o their war-ships or other government ships or military aircratwith sovereign immunity operated or non-commer-cial purposes, that they comply, as ar as is reason-able and practicable, with Articles 9, 10, 11 and 12o this Convention.

Article1Controloentryintotheterritory,dealingandpossessionStates Parties shall take measures to prevent the entryinto their territory, the dealing in, or the possessiono, underwater cultural heritage illicitly exportedand/or recovered, where recovery was contrary tothis Convention.

Article1Non-useoareasunderthejurisdictionoStatesParties

States Parties shall take measures to prohibit the useo their territory, including their maritime ports, aswell as articial islands, installations and structuresunder their exclusive jurisdiction or control, in sup-port o any activity directed at underwater culturalheritage which is not in conormity with this Con-vention.

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Article2SecretariatorthisConvention1.The Director-General shall be responsible or theunctions o the Secretariat or this Convention.

2.The duties o the Secretariat shall include:(a) organizing Meetings o States Parties as pro-vided or in Article 23, paragraph 1; and(b) assisting States Parties in implementing thedecisions o the Meetings o States Parties.

Article2Peaceulsettlementodisputes1. Any dispute between two or more States Partiesconcerning the interpretation or application o thisConvention shall be subject to negotiations in goodaith or other peaceul means o settlement o theirown choice.

2. I those negotiations do not settle the disputewithin a reasonable period o time, it may be sub-mitted to UNESCO or mediation, by agreementbetween the States Parties concerned.. I mediation is not undertaken or i there is nosettlement by mediation, the provisions relating tothe settlement o disputes set out in Part XV o the

United Nations Convention on the Law o the Seaapply mutatis mutandis to any dispute between StatesParties to this Convention concerning the interpre-tation or application o this Convention, whetheror not they are also Parties to the United NationsConvention on the Law o the Sea.

.Any procedure chosen by a State Party to this Con-vention and to the United Nations Convention onthe Law o the Sea pursuant to Article 287 o thelatter shall apply to the settlement o disputes underthis Article, unless that State Party, when ratiying,accepting, approving or acceding to this Conven-tion, or at any time thereater, chooses another pro-

cedure pursuant to Article 287 or the purpose o thesettlement o disputes arising out o this Conven-tion..A State Party to this Convention which is not aParty to the United Nations Convention on the Lawo the Sea, when ratiying, accepting, approving oracceding to this Convention or at any time therea-ter shall be ree to choose, by means o a written dec-laration, one or more o the means set out in Article

287, paragraph 1, o the United Nations Conventionon the Law o the Sea or the purpose o settlemento disputes under this Article. Article 287 shall applyto such a declaration, as well as to any dispute towhich such State is party, which is not covered by adeclaration in orce. For the purpose o conciliationand arbitration, in accordance with Annexes V andVII o the United Nations Convention on the Lawo the Sea, such State shall be entitled to nominateconciliators and arbitrators to be included in thelists reerred to in Annex V, Article 2, and Annex VII,Article 2, or the settlement o disputes arising out othis Convention.

Article26Ratifcation,acceptance,approvaloraccession1. This Convention shall be subject to ratica-tion, acceptance or approval by Member States oUNESCO.

2.This Convention shall be subject to accession:(a)by States that are not members o UNESCO butare members o the United Nations or o a special-ized agency within the United Nations system or

o the International Atomic Energy Agency, as wellas by States Parties to the Statute o the Interna-tional Court o Justice and any other State invitedto accede to this Convention by the General Con-erence o UNESCO;(b) by territories which enjoy ull internal sel-government, recognized as such by the UnitedNations, but have not attained ull independencein accordance with General Assembly resolution1514 (XV) and which have competence over thematters governed by this Convention, includingthe competence to enter into treaties in respect othose matters.

.The instruments o ratication, acceptance,approval or accession shall be deposited with the

Director-General.

Article2EntryintoorceThis Convention shall enter into orce three monthsater the date o the deposit o the twentieth instru-ment reerred to in Article 26, but solely with respect

to the twenty States or territories that have so depos-ited their instruments. It shall enter into orce oreach other State or territory three months ater thedate on which that State or territory has depositedits instrument.

Article2DeclarationastoinlandwatersWhen ratiying, accepting, approving or acceding tothis Convention or at any time thereater, any Stateor territory may declare that the Rules shall apply toinland waters not o a maritime character.

Article2LimitationstogeographicalscopeAt the time o ratiying, accepting, approving oracceding to this Convention, a State or territory maymake a declaration to the depositary that this Con-vention shall not be applicable to specic parts oits territory, internal waters, archipelagic waters orterritorial sea, and shall identiy therein the reasonsor such declaration. Such State shall, to the extentpracticable and as quickly as possible, promote con-

ditions under which this Convention will apply tothe areas specied in its declaration, and to that endshall also withdraw its declaration in whole or inpart as soon as that has been achieved.

Article0ReservationsWith the exception o Article 29, no reservationsmay be made to this Convention.

Article1Amendments1. A State Party may, by written communication

addressed to the Director-General, propose amend-ments to this Convention. The Director-Generalshall circulate such communication to all States Par-ties. I, within six months rom the date o the circu-lation o the communication, not less than one halo the States Parties reply avourably to the request,the Director-General shall present such proposal tothe next Meeting o States Parties or discussion andpossible adoption.

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2. Amendments shall be adopted by a two-thirdsmajority o States Parties present and voting.

.Once adopted, amendments to this Conventionshall be subject to ratication, acceptance, approvalor accession by the States Parties.. Amendments shall enter into orce, but solelywith respect to the States Parties that have rati-ed, accepted, approved or acceded to them, threemonths ater the deposit o the instruments reerredto in paragraph 3 o this Article by two thirds o theStates Parties. Thereater, or each State or territorythat raties, accepts, approves or accedes to it, theamendment shall enter into orce three months aterthe date o deposit by that Party o its instrument oratication, acceptance, approval or accession.

.A State or territory which becomes a Party to thisConvention ater the entry into orce o amend-ments in conormity with paragraph 4 o this Articleshall, ailing an expression o dierent intention bythat State or territory, be considered:(a)as a Party to this Convention as so amended;and(b) as a Party to the unamended Convention

in relation to any State Party not bound by theamendment.

Article2Denunciation1.A State Party may, by written notication addressedto the Director-General, denounce this Convention.

2.The denunciation shall take eect twelve monthsater the date o receipt o the notication, unlessthe notication species a later date.. The denunciation shall not in any way aectthe duty o any State Party to ull any obligationembodied in this Convention to which it would be

subject under international law independently othis Convention.

ArticleTheRulesThe Rules annexed to this Convention orm an inte-gral part o it and, unless expressly provided other-wise, a reerence to this Convention includes a reer-ence to the Rules.

ArticleRegistrationwiththeUnitedNationsIn conormity with Article 102 o the Charter o theUnited Nations, this Convention shall be registeredwith the Secretariat o the United Nations at therequest o the Director-General.

ArticleAuthoritativetextsThis Convention has been drawn up in Arabic, Chi-nese, English, French, Russian and Spanish, the sixtexts being equally authoritative.

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E. Trainito UNESCO. Italy, wreck located in Baia Salinedda, III. Century A.D.


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ANNEXRULESCONCERNINGACTIVITIESDIRECTEDATUNDERWATERCULTURALHERITAGE

I.Generalprinciples

Rule1.The protection o underwater cultural herit-age through in situ preservation shall be consideredas the rst option. Accordingly, activities directed atunderwater cultural heritage shall be authorized in amanner consistent with the protection o that herit-age, and subject to that requirement may be author-ized or the purpose o making a signicant contri-bution to protection or knowledge or enhancemento underwater cultural heritage.

Rule 2. The commercial exploitation o underwa-ter cultural heritage or trade or speculation or itsirretrievable dispersal is undamentally incompat-ible with the protection and proper management o

underwater cultural heritage. Underwater culturalheritage shall not be traded, sold, bought or barteredas commercial goods. This Rule cannot be inter-preted as preventing:(a) the provision o proessional archaeologicalservices or necessary services incidental theretowhose nature and purpose are in ull conorm-ity with this Convention and are subject to theauthorization o the competent authorities;

(b)the deposition o underwater cultural heritage,recovered in the course o a research project inconormity with this Convention, provided suchdeposition does not prejudice the scientic or cul-tural interest or integrity o the recovered material

or result in its irretrievable dispersal; is in accord-ance with the provisions o Rules 33 and 34; andis subject to the authorization o the competentauthorities.

Rule.Activities directed at underwater cultural her-itage shall not adversely aect the underwater cul-tural heritage more than is necessary or the objec-tives o the project.

Rule . Activities directed at underwater culturalheritage must use non-destructive techniques and

survey methods in preerence to recovery o objects.I excavation or recovery is necessary or the purposeo scientic studies or or the ultimate protectiono the underwater cultural heritage, the methodsand techniques used must be as non-destructive aspossible and contribute to the preservation o theremains.

Rule . Activities directed at underwater culturalheritage shall avoid the unnecessary disturbance ohuman remains or venerated sites.

Rule 6. Activities directed at underwater culturalheritage shall be strictly regulated to ensure proper

recording o cultural, historical and archaeologicalinormation.

Rule.Public access to in situ underwater cultural her-itage shall be promoted, except where such access isincompatible with protection and management.

Rule.International cooperation in the conduct oactivities directed at underwater cultural heritageshall be encouraged in order to urther the eectiveexchange or use o archaeologists and other relevantproessionals.

II.Projectdesign

Rule.Prior to any activity directed at underwatercultural heritage, a project design or the activityshall be developed and submitted to the competentauthorities or authorization and appropriate peerreview.

Rule10.The project design shall include:(a)an evaluation o previous or preliminary studies;(b)the project statement and objectives;

(c)the methodology to be used and the techniquesto be employed;

(d)the anticipated unding;(e) an expected timetable or completion o theproject;()the composition o the team and the qualica-tions, responsibilities and experience o each teammember;

(g) plans or post-eldwork analysis and otheractivities;

(h) a conservation programme or arteacts andthe site in close cooperation with the competentauthorities;(i)a site management and maintenance policy orthe whole duration o the project;

(j)a documentation programme;()a saety policy;(l)an environmental policy;(m)arrangements or collaboration with museumsand other institutions, in particular scientic insti-tutions;

(n)report preparation;(o)deposition o archives, including underwatercultural heritage removed; and

(p)a programme or publication.

Rule11.Activities directed at underwater cultural herit-age shall be carried out in accordance with the projectdesign approved by the competent authorities.

Rule12.Where unexpected discoveries are made orcircumstances change, the project design shall bereviewed and amended with the approval o thecompetent authorities.

Rule1. In cases o urgency or chance discoveries,activities directed at the underwater cultural her-itage, including conservation measures or activi-ties or a period o short duration, in particular site

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stabilization, may be authorized in the absence oa project design in order to protect the underwatercultural heritage.

III.Preliminarywor

Rule1.The preliminary work reerred to in Rule 10(a) shall include an assessment that evaluates thesignicance and vulnerability o the underwater cul-tural heritage and the surrounding natural environ-ment to damage by the proposed project, and thepotential to obtain data that would meet the projectobjectives.

Rule1.The assessment shall also include backgroundstudies o available historical and archaeologicalevidence, the archaeological and environmentalcharacteristics o the site, and the consequences oany potential intrusion or the long-term stabilityo the underwater cultural heritage aected by theactivities.

IV.Projectobjective,methodologyandtechniques

Rule 16. The methodology shall comply with theproject objectives, and the techniques employedshall be as non-intrusive as possible.

V.Funding

Rule 1. Except in cases o emergency to protectunderwater cultural heritage, an adequate undingbase shall be assured in advance o any activity, su-cient to complete all stages o the project design,including conservation, documentation and cura-tion o recovered arteacts, and report preparationand dissemination.

Rule1.The project design shall demonstrate an abil-ity, such as by securing a bond, to und the projectthrough to completion.

Rule1.The project design shall include a contin-gency plan that will ensure conservation o under-water cultural heritage and supporting documenta-tion in the event o any interruption o anticipatedunding.

VI.Projectdurationtimetable

Rule20.An adequate timetable shall be developed toassure in advance o any activity directed at under-water cultural heritage the completion o all stageso the project design, including conservation, doc-umentation and curation o recovered underwatercultural heritage, as well as report preparation anddissemination.

Rule21.The project design shall include a contin-gency plan that will ensure conservation o under-water cultural heritage and supporting documenta-tion in the event o any interruption or terminationo the project.

VII.Competenceandqualifcations

Rule 22.Activities directed at underwater culturalheritage shall only be undertaken under the direc-tion and control o, and in the regular presence o,a qualied underwater archaeologist with scienticcompetence appropriate to the project.

Rule2.All persons on the project team shall be qual-ied and have demonstrated competence appropri-ate to their roles in the project.

VIII.Conservationandsitemanagement

Rule2.The conservation programme shall provideor the treatment o the archaeological remainsduring the activities directed at underwater culturalheritage, during transit and in the long term. Con-servation shall be carried out in accordance withcurrent proessional standards.

Rule2.The site management programme shall pro-

vide or the protection and managementin situ

ounderwater cultural heritage, in the course o andupon termination o eldwork. The programmeshall include public inormation, reasonable provi-sion or site stabilization, monitoring, and protec-tion against intererence.

IX.Documentation

Rule26.The documentation programme shall set outthorough documentation including a progress reporto activities directed at underwater cultural heritage,in accordance with current proessional standards oarchaeological documentation.

Rule2.Documentation shall include, at a minimum,a comprehensive record o the site, including theprovenance o underwater cultural heritage movedor removed in the course o the activities directedat underwater cultural heritage, eld notes, plans,drawings, sections, and photographs or recording inother media.

X.Saety

Rule2.A saety policy shall be prepared that is ade-quate to ensure the saety and health o the projectteam and third parties and that is in conormity withany applicable statutory and proessional require-ments.

XI.Environment

Rule2.An environmental policy shall be preparedthat is adequate to ensure that the seabed and marinelie are not unduly disturbed.

XII.Reporting

Rule0.Interim and nal reports shall be made avail-able according to the timetable set out in the projectdesign, and deposited in relevant public records.

Rule1.Reports shall include:(a) an account o the objectives;

(b) an account o the methods and techniquesemployed;(c)an account o the results achieved;(d)basic graphic and photographic documentationon all phases o the activity;(e) recommendations concerning conservationand curation o the site and o any underwatercultural heritage removed; and()recommendations or uture activities.

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XIII.Curationoprojectarchives

Rule 2.Arrangements or curation o the projectarchives shall be agreed to beore any activity com-mences, and shall be set out in the project design.

Rule.The project archives, including any under-water cultural heritage removed and a copy o allsupporting documentation shall, as ar as possi-ble, be kept together and intact as a collection in amanner that is available or proessional and publicaccess as well as or the curation o the archives. Thisshould be done as rapidly as possible and in any casenot later than ten years rom the completion o theproject, in so ar as may be compatible with conser-vation o the underwater cultural heritage.

Rule . The project archives shall be managedaccording to international proessional standards,and subject to the authorization o the competentauthorities.

XIV.Dissemination

Rule.Projects shall provide or public educationand popular presentation o the project results whereappropriate.

Rule6.A nal synthesis o a project shall be:(a)made public as soon as possible, having regardto the complexity o the project and the conden-tial or sensitive nature o the inormation; and

(b)deposited in relevant public records.

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PHOTOCREDITSCover: A. Vanzo UNESCO. Taiwanese shipwreck in Kawieng, Papua New Guinea,Coral Sea.

Page 2: E. Trainito UNESCO. Italy, wreck o the Thalassain ront o the cost oSardinia.

Page 4: Drassm/Iremer UNESCO. France, Amphorae at great depth,Arles 4, 1st century A.D. (small picture)

Page 4/5: E. Trainito UNESCO. Wreck o the Pollockshields, Elbow Beach, Bermuda,built in 1890 and sunk in 1915 (large picture).

Page 6: A. Vanzo UNESCO. Wreck o the Togo sunk in 1918 in the Gul o Cavalaire.

Page 8: U. Koschtial UNESCO. Ancient seaaring resco on the walls o the templeo Borobudur, Indonesia.

Page 9: LHour/Drassm UNESCO. France, Copper cauldron, wreck o the Dorothe,1693, Villeranche-sur-Mer, excavation by M. LHour.

Page 10: E. Trainito UNESCO. Wreck o the Umbria,Wingate Ree,Port Sudan.

Page 12: E. Trainito UNESCO. Wreck o the Umbria,Wingate Ree,Port Sudan.

Page 15: E. Trainito UNESCO. Italy, wreck located in Porto San Paolo,III. Century A.D.

Page 16: M. Gleeson UNESCO. Wreck and diver at Truk.

Page 18: M. Gleeson UNESCO. Wreck oJacque del Mar, touching the watersurace.

Page 26: E. Trainito UNESCO. Italy, wreck located in Baia Salinedda,III. Century A.D.

Page 31: M. Gleeson UNESCO. View o the engine o the St Paulwreck.

GRAPHICDESIGNStphane Rbillon www.stephanerebillon.com

CONTACTUNESCOSection o Museums and Cultural ObjectsDivision o Cultural Objects and Intangible Heritage

1, Rue Miollis 75732 Paris cedex 15, FranceTel. + 33 (0) 145684406Fax + 33 (0) 145685596

Email [email protected]/culture/en/underwater

CLT/CIH/MCO/2007/PI/38
http://www.stephanerebillon.com/mailto:[email protected]://www.unesco.org/culture/en/underwaterhttp://www.unesco.org/culture/en/underwatermailto:[email protected]://www.stephanerebillon.com/


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Leanza, U., Zona archeologica marina, pp. 41-70, in Francioni, F., DelVecchio, A., De Caterini, P. (eds.), Protezione internazionale del patrimonioculturale: interessi nazionali e diesa del patrimonio comune della cultura,Milano, Giur Editore, 2000

Martin, C., An Introduction to Marine Archaeology, www.bbc.co.uk/history/archaeology/marine_1.shtml, as o 15.09.2005

OKeee, P.J., Shipwrecked Heritage: A Commentary on the UNESCO Conventionon Underwater Cultural Heritage, Leicester, Institute o Art and Law, 2002

Paine, L. P., Ships o the World: an Historical Encyclopaedia- withessays by James H. Terry and Hal Fessenden and a oreword by Eric J.Berryman, Houghton Miin Company 1997

Prott. L.V. (ed.) Finishing the Interrupted Voyage: Papers o the UNESCORegional Asian Pacifc Workshop, Hong Kong, 18-20 November 2003,UNESCO Bangkok/Institute o Art and Law, Leicester 2005

Prott, L.V., Srong, I. (eds.), Background Materials on the Protection othe Underwater Cultural Heritage, UNESCO, The Nautical ArchaeologicalSociety, Paris Portsmouth, 1999

Prott, L.V., Planche, E., Roca-Hachem, R. (eds.), Background Materials on

the Protection o the Underwater Cultural Heritage, UNESCO, Ministre dela Culture et de la Communication (France), Paris, 2000

Scovazzi, T., Garabello, R. et. al., The Protection o Underwater CulturalHeritage, 2003, Leiden/Boston, USA

Strati, A., Drat Convention on the Protection o Underwater CulturalHeritage: A Commentary prepared or UNESCO, Paris, UNESCO, 1999 (Doc.CLT-99/WS/8)

Strati, A. The Protection o the Underwater Cultural Heritage: An EmergingObjective o the Contemporary Law o the Sea, (Kluwer, Leiden) 1995

Treves, T., Stato costiero e archeologia marina, in Rivista di dirittointernazionale, 1993, p. 698

UNESCO, Preliminary Study on the advisability o preparing an internationalinstrument or the protection o the Underwater Cultural Heritage Etudeprliminaire sur lopportunit dlaborer un instrument international sur laprotection du patrimoine culturel subaquatique,Paris, UNESCO, 1995 (Doc.28C/39) + Addendum

Yturriaga, B. de, Convencin sobre la proteccin del patrimonio culturalsubacuatico, in Drnas de Clment (coord.), Estudios de Derecho Internacionalen homenaje al Proesor Ernesto J. Rey Caro, Crdoba, 2003, p. 451

BIBLIOGRAPHY

Beurier, J.-P., Pour un droit international de l archologie sous-marine,in Revue gnrale de droit international public, 1989, p. 45

Blot, J.-Y., Lhistoire engloutie ou larchologie sous-marine, Gallimard, 1995

Brown, E.D., Protection o the Underwater Cultural Heritage. DratPrinciples and Guidelines or Implementation o Article 303 o theUnited Nations Convention on the Law o the Sea, 1982, in MarinePolicy, Vol. 20, Issue 4, July 1996, p. 325

Carducci, G., New Developments in the Law o the Sea: the UNESCOConvention on the Protection o Underwater Cultural Heritage, inAmerican Journal o International Law, n. 2, May 2002

La Convenzione UNESCO sul patrimonio culturale subacqueo, in RDI,2002, p. 53

Council o Europe, The Underwater Cultural Heritage, Report o theCommittee on Culture and Education, Parliamentary Assembly, Document

4200 Le Patrimoine culturel subaquatique, Rapport du Comit surla culture et lducation, Assemble parlementaire, document 4200,Strasbourg, 1978

Delgado, J. P. (ed.), Encyclopaedia o Underwater and MaritimeArchaeology, London, British Museum Press, 1997

Dromgoole, S. (ed.), Legal Protection o the Underwater Cultural Heritage:National and International perspectives, The Hague, Kluwer LawInternational, 1999

Fletcher-Tomenius, P., Williams, M., The Drat UNESCO/DOALOSConvention on the Protection o Underwater Cultural Heritageand Conict with the European Convention on Human Rights, in

International Journal o Nautical Archaeology, Vol. 28, n. 2, May 1999, p. 145Garabello, R., La Convenzione UNESCO sulla Protezione del Patrimonioculturale subacqueo, Milano, Giur, 2004

Goy, R., Lpave du Titanic et le droit des paves en haute mer, inAnnuaire Franais de Droit International, 1989, p. 753
http://www.bbc.co.uk/http://www.bbc.co.uk/


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CONTACT

UNESCO Section o Museums and Cultural ObjectsDivision o Cultural Objects and Intangible Heritage

1, Rue Miollis 75732 Paris cedex 15 FranceTel. + 33 (0) 145684406 Fax + 33 (0) 145685596

Email [email protected]

www.unesco.org/culture/en/underwater
mailto:[email protected]://www.unesco.org/culture/en/underwaterhttp://www.unesco.org/culture/en/underwatermailto:[email protected]

The Unesco Convention on the Protection of the Underwater Cultural Heritage (Information Kit)

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