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Author: Anastasia Stratē
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792330523
Category : Law
Languages : en
Pages : 518
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Book Description
The marine environment is almost ideal for the preservation of artefacts and, until relatively recently, it also provided complete protection from destruction by man. However, the aqualung has made most shallow underwater sites accessible, leading to widespread plundering. Current deep-sea bed technology now threatens deep water sites. There is a need for immediate international action to preserve the man-made environment, alongside the natural one. The enunciation of legal rules to protect the underwater cultural heritage is a complex issue, involving a matrix of interests and laws, both international and national.
Author: Anastasia Stratē
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792330523
Category : Law
Languages : en
Pages : 518
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Book Description
The marine environment is almost ideal for the preservation of artefacts and, until relatively recently, it also provided complete protection from destruction by man. However, the aqualung has made most shallow underwater sites accessible, leading to widespread plundering. Current deep-sea bed technology now threatens deep water sites. There is a need for immediate international action to preserve the man-made environment, alongside the natural one. The enunciation of legal rules to protect the underwater cultural heritage is a complex issue, involving a matrix of interests and laws, both international and national.
Author: Roberta Garabello
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041122032
Category : Law
Languages : en
Pages : 320
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Book Description
The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents a major step forward in the field of international law. New archaeological rules as well as a comprehensive co-operation system among the States concerned are set up by the new Convention. Despite the negative attitude assumed by few States at the moment of voting for the text of the Convention, this new international instrument is welcome by the great majority of States. This volume focuses on the main aspects of the Convention. It is divided in two parts, to describe the situation before and after the adoption (and the forthcoming into force) of the Convention. In the first part the contradictions resulting from the regime established under the 1982 United Nations Convention on the Law of the Sea are analysed together with the undesirable results of the application of the rules of admiralty (law of salvage and law of finds) to the underwater cultural heritage. In the second part the negotiation process is described, both in its general aspects (the myths surrounding the draft) and in its specific results (the drafting of each single provision).
Author: Sarah Dromgoole
Publisher: Cambridge University Press
ISBN: 052184231X
Category : History
Languages : en
Pages : 439
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Book Description
The first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.
Author: Sarah Dromgoole
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152733
Category : Law
Languages : en
Pages : 255
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Book Description
This volume comprises a collection of sixteen national perspectives on law, policy and practice in respect of the underwater cultural heritage, written in light of the UNESCO Convention 2001. The essays provide an up-to-date account of the current legal position in each jurisdiction, as well as considering the impact that the 2001 Convention is having, and is likely to have in the future. As well as being internationally recognised experts in the field, all the contributors have specialist knowledge and practical experience of their own particular jurisdictions.
Author: Thijs J. Maarleveld
Publisher: UNESCO
ISBN: 9230011223
Category : Convention on the Protection of Underwater Cultural Heritage
Languages : en
Pages : 337
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Book Description
Author: Patrick J. O'Keefe
Publisher:
ISBN: 9781903987339
Category : Antiquities
Languages : en
Pages : 0
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Book Description
Shipwrecks are a significant source of history derived from archaeological examination. They are also a source of wonder and enjoyment for those who can go beneath the sea or experience these pleasures through film or video. But all this depends on the proper treatment of wrecks and other underwater sites. If they are destroyed by haphazard ripping of objects from the site, the information and enjoyment are destroyed forever. In November 2001, in an effort to prevent this happening and to establish rules for the proper treatment of underwater cultural heritage, some 87 States voted in favour of the Convention on the Protection of the Underwater Cultural Heritage. This book explains the origin of the Convention, the politics behind its preparation and gives an interpretation of its provisions. This completely updated second edition of the book originally published in 2002 examines the background to the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage and provides a detailed commentary on all the Articles of the Convention and the Rules contained in the Annex, clearly demonstrating the way in which the Convention seeks to regulate salvage and other activities relating to shipwrecks. The book provides contemporary examples of the impact of underwater salvage operations on the cultural heritage located beneath the surface of the oceans and the way in which the Convention can address these issues.
Author: James A.R. Nafziger
Publisher: BRILL
ISBN: 900434764X
Category : Law
Languages : en
Pages : 416
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Book Description
** Winner of the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on Practical or Technical Subject. ** In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agreements, international custom, and non-governmental initiatives such as the ILA committee's own contributions. These have included published studies, annotated principles and resolutions, draft treaties and a book focused on national practices in the international trade of cultural material. This volume concludes by briefly exploring current and future frontiers of a burgeoning range of topics that are central to many people's daily experiences and interests. This book was awarded the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on a Practical or Technical Subject, in 2022.
Author: Robert Parthesius
Publisher: Springer Nature
ISBN: 3030558371
Category : Social Science
Languages : en
Pages : 182
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Book Description
This book brings together perspectives on maritime and underwater cultural heritage (MUCH) in selected countries around the Indian Ocean rim that are linked by the historic and Arabian maritime trade routes. It explores how selected countries have adapted maritime archaeological and UCH management methodologies rooted in western contexts to their own situations. It assesses how new heritage management burdens have been placed on states by outsiders wishing to conserve their own heritage in foreign waters. It investigates what these new pressures are and asks what the future holds for the region. Each chapter outlines the development of MUCH in the author’s home nation, provides an overview of current frameworks and activities, and looks to the future of research and management. The chapters draw conclusions regarding what has driven the process of developing individual approaches and perspectives and what the results have been. They ask if the focus is on management or research, and if the MUCH vision is focused seaward or towards the hinterland. A common thread that binds the chapters is the adaptation of western management and practice structures to contexts where the binaries such as tangible and intangible, natural and cultural, and submerged and terrestrial become blurred. It examines how states have confronted management and research challenges on sites that are validated primarily by European expansion perspectives.
Author: Jihon Kim
Publisher: Springer Nature
ISBN: 9811666598
Category : Social Science
Languages : en
Pages : 203
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Book Description
This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.
Author: Elena Perez-Alvaro
Publisher: Routledge
ISBN: 0429885784
Category : History
Languages : en
Pages : 316
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Book Description
Underwater Cultural Heritage investigates cases of underwater cultural heritage, exploring ethical issues that have never been studied before. A vast cultural heritage lies beneath the sea, including the archaeological remains of more than three million vessels, as well as historic monuments and whole cities. In addition, climate change, population growth and current events around the world mean that new underwater cultural heritage is being created faster than ever before. It is, therefore, essential that the ethical issues related to the management of such heritage are considered now, especially as decisions made now will bestow the heritage with a value and will establish legal frameworks that could be used either to protect or harm underwater heritage in the future. Considering a range of challenges related to underwater cultural heritage - including preservation, management, use, sustainability, valuation, politics, identity, human rights, and intangible heritage - the book presents case studies that both illustrate the key ethical issues and also offer possible solutions to help navigate such challenges. The book will also explore the various legislative instruments protecting underwater cultural heritage and emphasise the importance of revising and updating legal frameworks, whilst also taking into account ethical concerns that may expose cultural heritage to more serious menaces. Underwater Cultural Heritage draws on case studies from around the globe and, as such, should be of great interest to academics, researchers and students working in heritage studies, archaeology, history, politics and sustainability. It should also be appealing to heritage practitioners and policymakers who want to learn more about the issues surrounding not only management of underwater cultural heritage but management of cultural heritage in general.
