Underwater Cultural Heritage: Regime and Jurisdiction Challenges

Abstract

The present paper focuses on international and national aspects of a legal regime of underwater cultural heritage and highlights peculiarities of States’ jurisdiction towards discovered underwater archaeological values. Underwater cultural heritage legal regime correlates with regimes of maritime zones where objects in question are located or found. On these grounds, it is possible to distinguish the UCH regimes in (i) sovereign and jurisdictional areas and (ii) in the High Seas and the Area. The UCH regime in the first case is trifold, including rights of coastal States, other concern States, and flag states of government ships and aircraft. While on the High Seas or in the Area, such regime is subject to bilateral or multilateral arrangements. The effectiveness of enforcing said regime rules also depend upon possible territorial claims and contested jurisdiction. The issue becomes critical for maritime ‘gray zones’ or conventional armed conflicts at sea.