Despite the existence of an established international legal framework, the protection of underwater cultural heritage has proved to be subject of various challenges over time. In virtue of its peculiarities, the protection of underwater cultural heritage would be inextricably linked to the different maritime zones where it is found. Therefore, its protection remains conditioned by the “tides” of territorial claims and jurisdictional disputes. This article aims to assess how The UNESCO 2001 Convention on the Protection of Underwater Cultural Heritage interacts with The 1982 United Nations Convention on the Law of the Sea (UNCLOS) in addressing jurisdictional and enforcement challenges across different maritime zones (internal waters, territorial sea, exclusive economic zone, continental shelf, and the Area). By employing qualitative data, through legal dogmatics methods, the article provides a doctrinal analysis of the treaties, with a scrutiny on their intersection and interdisciplinary particularities, pertaining to the protection of underwater cultural heritage. Such approach is completed by case study exploration of enforcing mechanism and jurisdictional challenges, aiming to assess how states practically respond to their obligations imposed by the international law and their approach to bilateral or multilateral cooperation. The main contribution of this research consists in bridging together current legal and practical challenges in the protection of underwater cultural heritage, while exploring possible updated solutions and mechanism of efficient protection for the future.

Authors:
Lavinia-Roxana Ghenț, Independent Scholar, Denmark

About the Presenter(s)
Lavinia Roxana Ghent is currently a legal professional, independent researcher and peace and development activist, who graduated a MSc in International Relations and Development from Aalborg University, Denmark. She also holds a MSc in International and Comparative Law from Perpignan University, France.

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https://www.linkedin.com/in/lavinia-roxana-g-74b102246/

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