What legal protections exist for underwater cultural heritage?

Underwater cultural heritage (UCH) is protected by several international and national legal frameworks. Here are the main legal protections:

International Protections

1. UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001)
   • Defines UCH as traces of human existence submerged for at least 100 years.
   • Establishes rules for responsible exploration, excavation, and protection.
   • Prohibits commercial exploitation of UCH (e.g., treasure hunting).
   • Encourages cooperation among nations to prevent looting and unauthorized recovery.
   • Not all countries have ratified it (e.g., the U.S. has not).
2. United Nations Convention on the Law of the Sea (UNCLOS, 1982)
   • Recognizes states’ rights over UCH within their territorial waters (12 nautical miles).
   • Requires states to protect UCH in their Exclusive Economic Zone (EEZ) and Continental Shelf (up to 200+ nautical miles).
   • Calls for international cooperation but does not impose strict protection obligations.
3. Convention for the Protection of the World Cultural and Natural Heritage (1972)
   • Allows UCH sites to be designated as UNESCO World Heritage Sites.
   • Provides international recognition and support for conservation efforts.
4. Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (1970)
   • Helps combat trafficking of artifacts recovered from underwater sites.

Regional and National Protections

• European Union: EU member states enforce laws aligned with UNESCO guidelines.
• United States: The Abandoned Shipwreck Act (1987) grants states ownership of historic shipwrecks within state waters (3 nautical miles).
• United Kingdom: The Protection of Wrecks Act (1973) protects historically significant wrecks.
• Australia: The Underwater Cultural Heritage Act (2018) strengthens protections for shipwrecks and other UCH.

Challenges

• Enforcement Difficulties: Remote locations make monitoring difficult.
• Treasure Hunting vs. Preservation: Salvage operations often conflict with conservation efforts.
• Jurisdictional Issues: Disputes arise over ownership, especially in international waters.