The Underwater Cultural Heritage and Marine Scientific Research in the Exclusive Economic Zone

Abstract

A B S T R A C TThis paper reviews the relationship between activities aimed at the underwater cultural heritage and marine scientific research in the exclusive economic zone, in particular the question of whether or not underwater cultural heritage research can be classified as marine scientific research. The study examines the definitions, practice, and jurisdiction of each, according to the Third UN Conference on the Law of the Sea, the UNESCO Convention on the Protection of the Underwater Cultural Heritage, and States' current practice. By revising the current interpretation of international law, underwater cultural heritage research can potentially be classified as marine scientific research. The inclusion of archaeology as marine science would have implications that would open up new rights and responsibilities of coastal and research States, as both fulfill their duties to protect and preserve archaeological and historical objects found on the seabed. A B S T R A C TThis paper reviews the relationship between activities aimed at the underwater cultural heritage and marine scientific research in the exclusive economic zone, in particular the question of whether or not underwater cultural heritage research can be classified as marine scientific research. The study examines the definitions, practice, and jurisdiction of each, according to the Third UN Conference on the Law of the Sea, the UNESCO Convention on the Protection of the Underwater Cultural Heritage, and States' current practice. By revising the current interpretation of international law, underwater cultural heritage research can potentially be classified as marine scientific research. The inclusion of archaeology as marine science would have implications that would open up new rights and responsibilities of coastal and research States, as both fulfill their duties to protect and preserve archaeological and historical objects found on the seabed.