The<i>Titanic</i>as Underwater Cultural Heritage: Challenges to its Legal International Protection

Aznar, Mariano J.; Varmer, Ole

doi:10.1080/00908320.2013.750978

Cited by 9 publications

(2 citation statements)

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“…However, these rights were significantly restricted by a detailed system of conditions and covenants in a trust-like arrangement, which effectively ensured that the entire collection is permanently conserved, kept together and, most importantly, fully accessible to the public. 108 Thus, if local, coastal or maritime communities can legally control and monitor access to and the benefits of UCH, then carefully designed co-regulation could enable them to monetize this access in a manner that financially incentivizes them to ensure long-term protection of the site for the public benefit. 109 There is no reason why such ownership rights could not be held privately by individuals, rather than by communities or organizations, provided that the former are properly regulated to ensure that any heritage is maintained and monetized exclusively for public enjoyment.…”

Section: Community Incentivizationmentioning

confidence: 99%

Harnessing Local and Transnational Communities in the Global Protection of Underwater Cultural Heritage

Martin

2020

TEL

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‘Communities’ – whether local, regional, or transnational – can provide an essential force in the protection of our global underwater cultural heritage (UCH). As an issue of low political concern, with its protection vulnerable to externalities and compliance weaknesses, UCH forms an ideal test case for exploring governance solutions without reliance on the state. It is also an area where communities are increasingly integrated within governance models. This article examines the theoretical justification for reducing reliance on top-down laws to protect natural and cultural heritage, exploring Ostromian arguments for greater community self- and co-regulation. Using this theoretical framework, it highlights numerous advantages of community-oriented governance in the management of a complex global concern, such as UCH protection, and underscores the role and importance of the appropriate design of meta-regulation in steering communities towards wider public objectives. The article also identifies where communities or ‘networks’ have provided important additional protection for UCH, and discusses further policy mechanisms – such as community buy-in, incentivization, and self-regulation – which could help to facilitate community-led governance in the future.

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Section: Community Incentivizationmentioning

confidence: 99%

Harnessing Local and Transnational Communities in the Global Protection of Underwater Cultural Heritage

Martin

2020

TEL

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“…Some agreements concerning underwater cultural heritage concluded after the adoption of the 2001 UNESCO Convention go into great detail regarding the idea that it should preferentially be protected at its place of origin. The most important, due to its turbulent past, is the agreement concluded between Canada, the United States, France, and the United Kingdom to preserve the wreck of the Titanic (the Titanic Agreement) 20 (Aznar and Varmer 2013). This Agreement makes express mention of the principle, recognizing in the Preamble that "in situ preservation is the most effective way to ensure such protection, unless otherwise justified by educational, scientific or cultural interests, including the need to protect the integrity of RMS Titanic and/or its artifacts from a significant threat."…”

Section: The Confirmation Of the Rule With Regard To Underwater Cultumentioning

confidence: 99%

In Situ Preservation of Underwater Cultural Heritage as an International Legal Principle

Aznar

2018

J Mari Arch

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In situ preservation is not necessarily the best underwater archaeological solution, nor is it legally required in all circumstances. Rather, it is the first and, perhaps, the most technically desirable option, when archaeological, legal, and political circumstances⎯in that order⎯so advise. Otherwise, the removal of the historical object or objects found under the sea and their conservation outside the marine environment is another plausible option, provided the archaeological standards accepted by the international scientific community are met. This paper aims to clarify the legal contours of this rule, as codified by the UNESCO Convention on the Protection of the Underwater Cultural Heritage. To this end, it proposes the following basic hypothesis: in situ preservation, as a current legal principle in underwater archaeological activities, is the first option for the protection of that heritage; because it is an option, this preservation may take a different form depending on the circumstances; nothing legally prevents the removal of remains from the seabed, provided it is done properly and they are appropriately preserved; and, finally, if necessary, this should be done as soon as possible, given the circumstances.

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The Protection of Underwater Cultural Heritage

Kim¹

2021

Creativity, Heritage and the City

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TheTitanicas Underwater Cultural Heritage: Challenges to its Legal International Protection

Cited by 9 publications

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Harnessing Local and Transnational Communities in the Global Protection of Underwater Cultural Heritage

Harnessing Local and Transnational Communities in the Global Protection of Underwater Cultural Heritage

In Situ Preservation of Underwater Cultural Heritage as an International Legal Principle

The Protection of Underwater Cultural Heritage

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