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THE 2001 UNESCO CONVENTION ON THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE

THE 2001 UNESCO CONVENTION ON THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE 1. THE ADOPTION OF THE CONVENTION On 2 November 2001 the UNESCO General Conference adopted by vote the Convention on the Protection of the Underwater Cultural Heritage.' It is composed of 35 articles and a 36-rule Annex. It applies to "all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least 100 years" (Art. 1, para. l(a)). The CPUCH is the outcome of a long lasting negotiation. Despite the lack of consensus at the moment of its adoption, it deserves to be considered as a major step forward in the progressive development of international law. With regard to some difficult questions, it embodies a reasonable compromise between the diverging positions of the countries which participated in the negotiation. To explain the merit of the CPUCH (and also to justify why some of its provisions resort to complex procedural machineries),z a basic consideration must be made. Any attempts to deal with the underwater cultural heritage at sea3 have inevitably to face an unexpected obstacle, that is Art. 303 of the United Nations Convention on the Law of the Sea.4 This provision is not only http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

THE 2001 UNESCO CONVENTION ON THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE

The Italian Yearbook of International Law Online , Volume 11 (1): 16 – Jan 1, 2001

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/221161301X00030
Publisher site
See Article on Publisher Site

Abstract

1. THE ADOPTION OF THE CONVENTION On 2 November 2001 the UNESCO General Conference adopted by vote the Convention on the Protection of the Underwater Cultural Heritage.' It is composed of 35 articles and a 36-rule Annex. It applies to "all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least 100 years" (Art. 1, para. l(a)). The CPUCH is the outcome of a long lasting negotiation. Despite the lack of consensus at the moment of its adoption, it deserves to be considered as a major step forward in the progressive development of international law. With regard to some difficult questions, it embodies a reasonable compromise between the diverging positions of the countries which participated in the negotiation. To explain the merit of the CPUCH (and also to justify why some of its provisions resort to complex procedural machineries),z a basic consideration must be made. Any attempts to deal with the underwater cultural heritage at sea3 have inevitably to face an unexpected obstacle, that is Art. 303 of the United Nations Convention on the Law of the Sea.4 This provision is not only

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2001

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