Continental shelf archaeology and International Law
Dromgoole, S. (2020). Continental shelf archaeology and International Law, in: Bailey, G. et al. The archaeology of Europe’s drowned landscapes. Coastal Research Library, 35: pp. 495-507. https://dx.doi.org/10.1007/978-3-030-37367-2_25
In: Coastal Research Library. Springer: Cham. ISSN 2211-0577; e-ISSN 2211-0585, more
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| Author keywords |
12-mile territorial limit, Jurisdictional gap, UN Convention on the Law of the Sea,Underwater cultural heritage, UNESCO Convention on the Protection of the Underwater Cultural Heritage |
| Abstract |
This chapter outlines the international legal framework concerning the protection of submerged prehistoric resources from human activities that may cause inadvertent harm. It focuses on what is the core question from a legal perspective: to what extent does a coastal State have the jurisdictional power under international law to regulate such activities in its offshore waters with a view to protecting material of archaeological significance? As will become clear, this question is a complex one, requiring reference to three sources of international law: (i) general principles of international law, (ii) the 1982 UN Convention on the Law of the Sea and (iii) the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. Questions relating to the way that the relevant treaties define underwater cultural heritage, and the potential implications this may have for submerged prehistoric archaeology, though interesting, fall outside the scope of this chapter. |
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