Original scientific paper
THE UNESCO CONVENTION ON THE PROTECTION OF THE UNDERWATER CULTURAL HERITAGE AND STATE JURISDICTION IN THE ADRIATIC SEA
Trpimir M. Šošić
; Pravni fakultet Sveučilišta u Zagrebu, Hrvatska
Abstract
The Convention on the Protection of the Underwater Cultural Heritage, which
was adopted by the General Conference of UNESCO in November 2001, and which
entered into force only in January 2009 after a comparably long-lasting ratification
process, is the first comprehensive international instrument in the field of underwater
heritage protection. Croatia was the third country to ratify the Convention, which
illustrates the importance Croatia ascribes to the protection of submerged cultural
objects. This is not surprising, considering that the seabed extending in front of
Croatia’s coast is abundant with significant archaeological sites.
After explaining the Convention’s definition of the underwater cultural heritage
and highlighting some of the more important general provisions of the Convention,
the paper analyses in some detail the jurisdictional regimes provided for in the
Convention as concerns the protection of cultural heritage in the various maritime
zones, i.e. the marine spaces under State sovereignty, the contiguous zone, the exclusive
economic zone and the continental shelf, as well as the Area. The author also
considers the interrelation of the Underwater Heritage Convention with the relevant
provisions of the UN Convention on the Law of the Sea.
Based on the analysis of the 2001 UNESCO Convention’s provisions concerning
State jurisdiction, the paper goes on to discuss the rules pertaining to jurisdiction
in respect of underwater heritage protection, as contained in the municipal laws
of some States bordering the Adriatic Sea. Accordingly, in the first place the relevant
Croatian internal laws are observed, but, inasmuch as accessible, the respective
legislations of Slovenia and Italy have also been taken into consideration.
In the conclusion, it is submitted that Croatia should consider proclaiming a
contiguous zone, in order to make full use of the jurisdictional rights confirmed
and accorded to coastal States by the 2001 UNESCO Convention, and, thus, secure
a more effective protection of archaeological sites beyond the territorial sea. The
author further points out that, although the Croatian coast guard has been given
general competence to control and protect cultural heritage sites in the Croatian
ecological and fisheries protection zone, it remains unclear which Croatian State
agency is actually competent to initiate and, as the case may be, to coordinate the
consultation procedure with other State parties, provided for in the 2001 UNESCO
Convention in relation to cultural objects in the exclusive economic zone and on the
continental shelf.
Keywords
underwater cultural heritage; State jurisdiction; Adriatic Sea; UNESCO Convention on the Protection of the Underwater Cultural Heritage; UN Convention on the Law of the Sea
Hrčak ID:
63258
URI
Publication date:
14.12.2010.
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