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Archaeological and/or Historic Valuable Shipwrecks in International Waters: Public International Law and What it Offers

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ISBN13: 9789067041478
ISBN: 9067041475
Published: March 2003
Publisher: T.M.C. Asser Press
Country of Publication: UK
Format: Paperback
Price: £45.00



Despatched in 3 to 5 days.

In this book the author focuses on the search for a global legal framework that covers activities affecting archaeological and/or historic valuable shipwrecks in waters beyond national jurisdiction. Three regimes are investigated as to their applicability:-

  • The Law of the Sea Convention 1982;
  • the system of admiralty law as adapted to these particular circumstances and used by US courts;
  • and the UNESCO Convention for the Protection of the Underwater Cultural Heritage.
When analysing the relevant articles of the regimes, additional critical commentary is provided. This volume provides policy-makers, commercial explorers, archaeologists, scholars and students with an overview of the relevant, existing public international law as well as questions that need to be solved in order to regulate activities affecting archaeological and/or historic valuable shipwrecks.

In addition, it may serve as a guide for the interpretation of the UNESCO Convention for the Protection of the Underwater Cultural Heritage.

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Subjects:
Shipping, Transport and Maritime Law
Contents:
Foreword
Preface and acknowledgements
List of abbreviations
Part I. Introduction: 1. A legal lacuna?
2. Instrumental structures to consider
3. Research questions
4. Sources
5. International waters
6. Activities affecting archaeological and/or historic valuable shipwrecks
7. The parties that have an interest
8. The structure of the chapters
9. Personal note
Part II. Scope: Concepts and Definitions: 1. Introduction
2. A regime for the high seas
3. Codification of the high seas regime
4. The regime for the high seas under the LOSC 82 in relation to archaeological and/or historic shipwrecks
5. A regime for the ocean floor comprising the common heritage of mankind
6. 'Archaeological and/or historic shipwrecks' - what does it include?
7. In summary
Part III. The Law of the Sea Convention 82: The Legal Regime Concerning Objects of an Archaeological and Historical Nature: 1. Introduction Part I. - Articles 149 and 303 50
2. Article 149 and what it comprises
3. The contents of Article 303 55
4. In summary
Part II. The legal regime of marine scientific research
5. Introduction
6. The history of the legal regime of MSR
7. In summary
8. Principles with the potential to develop
9. Conclusion
Part IV. Admiralty Law: The Legal Regime of Admiralty Law as Applied to Archaeological and/or Historic Shipwrecks: 1. Introduction
2. History - Part I.
3. Salvage law
4. The law of finds
5. In summary
Part II.
6. The international convention on salvage of 1989
7. The Articles
8. Conclusion
Part V. The UNESCO Convention on the Protection of the Underwater Cultural Heritage: 1. Introduction
2. The UNESCO convention on the protection of the underwater cultural heritage
3. Object, purpose and general principles of the Convention's Preamble and Article 2
4. Scope and definitions
5. Jurisdictional issues and geographical scope - Articles 7, 8, 9, 10, 11, 12
6. Permits, seizure and sanctions - Articles 14, 15, 16, 17, 18
7. Information sharing, public awareness and training - Articles 19, 20, 21
8. Institutional structure - Articles 22, 23, 24, 25
9. Formal treaty provisions
10. Conclusion
Part VI. Conclusion: 1. Introduction
2. The optional frameworks
3. An interpretative implementation Agreement to the LOSC 82?
Bibliography
Annex: convention on the protection of the underwater cultural heritage
Index
Curriculum Vitae.