As far as underwater cultural heritage is concerned, the regime of the Law of the Sea Convention (LOSC) is fragmentary, insufficient and even counterproductive. The English text of Art. 303, para. 3, can be interpreted as an invitation to the looting of the heritage under a first-come-first-served, or "freedom-of-fishing," criterion. Only Art. 149, which applies only to "the Area", takes into consideration the need to use the heritage for the benefit of mankind and the preferential rights of some States. The 2001 UNESCO Convention for the Protection of the Underwater Cultural Heritage tries to bring a remedy to the disastrous aspects of the LOSC regime. In short, even the LOSC can be bad, albeit in very rare instances, and the case of underwater cultural heritage is the most notable one. © 2012 Koninklijke Brill NV, Leiden.

Scovazzi, T. (2012). The law of the sea Convention and underwater cultural heritage. THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW, 27(4), 753-761 [10.1163/15718085-12341249].

The law of the sea Convention and underwater cultural heritage

SCOVAZZI, TULLIO
2012

Abstract

As far as underwater cultural heritage is concerned, the regime of the Law of the Sea Convention (LOSC) is fragmentary, insufficient and even counterproductive. The English text of Art. 303, para. 3, can be interpreted as an invitation to the looting of the heritage under a first-come-first-served, or "freedom-of-fishing," criterion. Only Art. 149, which applies only to "the Area", takes into consideration the need to use the heritage for the benefit of mankind and the preferential rights of some States. The 2001 UNESCO Convention for the Protection of the Underwater Cultural Heritage tries to bring a remedy to the disastrous aspects of the LOSC regime. In short, even the LOSC can be bad, albeit in very rare instances, and the case of underwater cultural heritage is the most notable one. © 2012 Koninklijke Brill NV, Leiden.
Articolo in rivista - Articolo scientifico
law of the sea, underwater cultural heritage
English
2012
27
4
753
761
none
Scovazzi, T. (2012). The law of the sea Convention and underwater cultural heritage. THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW, 27(4), 753-761 [10.1163/15718085-12341249].
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10281/47222
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