US protection of underwater cultural heritage beyond the territorial sea: problems and prospects

Elia, Ricardo J.

doi:10.1006/ijna.2000.0270

Cited by 3 publications

(4 citation statements)

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“…Henrietta Marie lies on New Ground Reef, 35 mi (56 km) west of Key West, and was located in 1972 by a subsidiary of Treasure Salvors Inc., a company owned by commercial salvor Mel Fisher. At this time, Fisher was actively seeking the Spanish treasure galleon Nuestra Señora de Atocha, a wreck that has become a cause célèbre in the battleground between treasure hunting and Cultural Resource Management (CRM) archaeology (Elia 2000). The wreck of Henrietta Marie remained largely unexplored until 1983, when salvor Henry Taylor began work on the site, under an agreement with Mel Fisher.…”

Section: Salvors and Slave Shippingmentioning

confidence: 99%

Slave Ships and Maritime Archaeology: An Overview

Webster

2008

Int J Histor Archaeol

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This contribution collates information about wrecked slaving vessels discovered or sought by maritime archaeologists since 1972. To date, only a handful of firmly identified, active slave ships have been subject to excavation, but additional work has been carried out on wrecks of former slaver ships and possible slavers. The impending 200th anniversaries of the abolition of the British and US slave trades (2007 and 2008, respectively) appear to have stimulated a new wave of interest in slaver wrecks, and these new initiatives are also discussed.

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Section: Salvors and Slave Shippingmentioning

confidence: 99%

Slave Ships and Maritime Archaeology: An Overview

Webster

2008

Int J Histor Archaeol

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“…Title to shipwrecks on the lands of the U.S. or Indian tribes were not devolved, but rather remained with the U.S. or Indian tribes, respectively. It is interesting to note, moreover, that a state's jurisdiction over shipwrecks is limited to the first 3 NM of the territorial sea and is unaffected by President Ronald Reagan's extension of the territorial sea to 12 NM in 1988 (Elia, 2000).…”

Section: Abandoned Shipwreck Actmentioning

confidence: 99%

Underwater Cultural Heritage Policies of the United States Coastal Zone

Street¹

2006

Coastal Management

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“…While there is no treaty law to support such actions, there is also no treaty law to deny them, and there have been no protests by individual States against these actions (Dromgoole, 2003;Elia, 2000;Dromgoole, 1999). While there is no treaty law to support such actions, there is also no treaty law to deny them, and there have been no protests by individual States against these actions (Dromgoole, 2003;Elia, 2000;Dromgoole, 1999).…”

Section: Jurisdictionmentioning

confidence: 99%

“…Some coastal States claim jurisdiction over underwater cultural heritage in their EEZs, some on their continental shelves, and some believe that underwater cultural heritage rights and duties should fall under "freedom of the seas" in the EEZ (Dromgoole, 2003;Elia, 2000;Dromgoole, 1999). A coastal State has the right to regulate marine scientific research in its EEZ, but there are at present no international guidelines on the establishment of a regulation scheme for underwater cultural heritage in the EEZ.…”

Section: Introductionmentioning

confidence: 99%

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

Croff¹

2009

mar technol soc j

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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.

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US protection of underwater cultural heritage beyond the territorial sea: problems and prospects

Abstract: Journal of Maritime Law and Commerce, 3 0 331-354. Brookfield, VT. Archaeology, 92-94. London. 24-2 5. 30: 167-173. New York. and Management of Archaeological Sites, 2: 35-38. Archac.ology, 424-426. London. Maritime Law and Commerce, 3 0 205-227.

Cited by 3 publications

References 0 publications

Slave Ships and Maritime Archaeology: An Overview

Slave Ships and Maritime Archaeology: An Overview

Underwater Cultural Heritage Policies of the United States Coastal Zone

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

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