Heritage

Contentsthe first world war underwater cultural heritage and the unesco 2001 convention15The protection under the 2001 ConventionThe main purpose of the UNESCO Convention on the Protection of the UnderwaterCultural Heritage is to protect this heritage for the benefit of humanity. The Conventioncontains ethical principles, regulations on State cooperation, and rules for legalprotection. Its Annex contains scientific guidelines for archaeology. The Conventionstrongly encourages education and access to sites.The Convention considers that the first and foremost threat to submerged archaeologicalsites are pillagers and specialized salvage companies that track down and recoverarchaeological ‘treasures’ to sell for profit. In doing so, such groups consciously ignorethe fact that this heritage belongs to humanity’s collective memory and should be‘experienced’ by everyone. Today, it is estimated that 98 % of the sea bed is accessibleto activities ranging from petty souvenir hunting to large-scale salvage activities thattarget sites with up to 750,000 artefacts. These activities make the universal adherenceof States to the Convention increasingly urgent. The Convention prohibits the sale,illegal dissemination and commercial exploitation of underwater cultural heritage,and establishes sanctions and measures for seizure.Furthermore, the Convention encompasses provisions on activities that, while notspecifically targeting cultural heritage, indirectly have an impact on it. According tothe Convention, States Parties will undertake, according to their means, to protectheritage against these kinds of activities and to mitigate any impact. Although notenumerated, protective measures may include prohibiting or limiting dredging activities,the recovery of minerals, construction works or the use of trawl nets aroundheritage sites. For example, due to the impact of trawling nets that have dragged at thehull, the wreck of the Lusitania is not as well-preserved as that of the Titanic.The protective measures referred to by the Convention apply to the cultural heritagepresent in areas under the jurisdiction of the concerned State Party. However, they alsoextend to all waters worldwide through each State Party’s jurisdiction with respect to itsown citizens and flag vessels, and are reinforced through cooperation with other States.In addition to protection, State cooperation is a central idea of the UNESCO Convention.Ratification allows States to join a ‘club’ of States, all of which are committedto the protection of underwater cultural heritage and wish to support each other inthat pursuit. This cooperation can take different forms, including State cooperationto protect sites in international waters. For a State to enter into formal cooperationwith another State in international waters with the assistance of the Director-General