Heritage

124 heritage for peace and reconciliation | manual for teacherContentsEnsuring Protection of Submerged Heritage of the First World War– The UNESCO 2001 ConventionIn many countries, national laws provide for the protection of some or all submergedheritage of a certain age. The British ‘Protection of Military Remains Act 1986’ designates,for example, many World War vessels as protected sites. Similarly, in the Netherlands,the ‘Monuments and Historic Buildings Act 1988’ gives all archaeologicalsites a basic level of protection and allows for the designation of specific archaeologicalsites. Six underwater sites have been designated for enforced protection. Belgium andFrance have equally protective regulations.National law is often insufficient and only applies as far as a State has jurisdiction.Although States have full jurisdiction in their Territorial Sea, their jurisdiction is limitedin their Exclusive Economic Zone (EEZ). On the High Seas and in the Area (i.e.the sea bed outside national jurisdiction), States generally have jurisdiction only overtheir own nationals and flag vessels. Exceptions are recognized by some States for theremains of State vessels. Nevertheless, the further away from the coast a submergedarchaeological site is located, the more difficult it becomes for a State to prohibit anyintervention on a site by a vessel sailing under another State’s flag. Outside a State’sTerritorial Sea, the cooperation with Flag States is therefore crucial. This problemsfaced due to this situation have been sadly demonstrated in the case of the recovery ofartefacts from the Lusitania. 6The concerned British judge ruled in this case that there was no protection affordedby an English tribunal to a wreck lying outside the UK’s territorial waters, even if therecovered items were subsequently brought into the United Kingdom.The existing law of the sea does not sufficiently protect underwater cultural heritage.The United Nations Convention on the Law of the Seas, UNCLOS, contains tworegulations referring to underwater cultural heritage, Articles 149 and 303. Both were,however, last-minute introductions and remain general in their formulations. Article149 provides for some protection of underwater cultural heritage in the Area, but detailsconcerning the precise level of protection are vague. Article 303 sets a general obligation6 The Lusitania, [1986] QB 384, [1986] 1 All ER 1011.