Underwater Legality, Archaeological Reality? The Ethics behind Nuestra Señora de las Mercedes Shipwreck in Cultural Heritage Management Submitted by (original) (raw)
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2000
The rapid developmental work of the Museum-Centre and its policies within a limited budget are set in the context of world-wide problems of management and preservation of the underwater heritage in the face of accelerating threats to its survival. The impact of engineering projects and lack of official control or supervision of developer-funded maritime archaeological interventions is something of which governments are insufficiently aware. The construction of a marina at Mazarron has resulted in progressive denudation of the bay, exposure of two Phoenician wrecks and thousands of Phoenician potsherds, necessitating the annual resurvey of 70,000 m 2 of seabed. Among protective measures an iron 'strongbox' has been designed and successfully used on small wreck-sites.
The term "Underwater Cultural Heritage" encompasses all traces of the existence of humanity inclusive of sites, structures, wrecks and their cargo, artifacts, prehistoric objects, et alhaving a cultural, historical, or archaeological character that has been over the years submerged and thus exists underwater. The concept of underwater archaeology or heritage can be said to be a relatively novel discipline and with the passage of time become a concerned discourse as the need for the protection of these underwater cultural heritage became of paramount and intrinsic value to mankind. A number of states have enacted legislations that specifically applies to underwater cultural heritage but most of these municipal heritage protection legislation, does not apply beyond territorial waters. A less comprehensive attempt was made Mankind stand in some relation to the oceans and its inhabitantsas means of transportation, communication, political and religious affiliation etc. The importance of the oceans and its bodies cannot be over-emphasized. However, traversing the seas brings peril in proportion to its benefits: scholars estimate that more than three million shipwrecks currently lie on the ocean floors. Of these, scientists have explored less than one percent. 1 This is a wealth of knowledge for archeologists and other persons of interest seeking to understand patterns of human behavior over the centuries, as well as scholars seeking to recover lost elements of history. These pre-historic underwater properties can be said to be part of the concept of underwater cultural heritage.
Underwater Archaeology in Colombia: Between Commercial Salvage and Science
International Journal of Historical Archaeology, 2021
This article summarizes the progress and current state of underwater archaeology in Colombia over the past three decades. It also presents the limitations for the scientific community imposed by the Submerged Cultural Heritage Law 1675 of 2013, implemented for the commercial salvage project of the Spanish galleon San José, sunk in 1708. This new legislation opposes basic archaeological principles as well as the 2001 UNESCO Convention. Finally, this paper proposes some considerations about the risks and uncertainty for the future development of underwater archaeology in Colombia. Keywords Colombia • Underwater archaeology • Legislation • Heritage management Resumen Este artículo resume el desarrollo y estado actual de la arqueología subacuática en Colombia, teniendo en cuenta las últimas tres décadas. De igual forma se presentan las limitaciones para la comunidad científica debido a la Ley 1675 de 2013 sobre patrimonio cultural sumergido, implementada para permitir un proyecto comercial sobre el galeón San José, hundido en 1708. Esta nueva legislación se opone a los principios de la arqueología, así como a los de la Convención de UNESCO de 2001. Finalmente, este trabajo plantea algunas consideraciones acerca de los riesgos y la incertidumbre en torno al futuro desarrollo de la arqueología subacuática en Colombia. Palabras clave Colombia • arqueología subacuática • legislación • gestión de patrimonio
The International Journal of Marine and Coastal Law, 2003
This collection of essays arose from the legal sessions of a conference held in Palermo and Siracusa in March 2001. There are 20 papers in total, each written in one of the three official languages of the conference. Eleven of the papers are in English, eight in Italian and one in French. Many of the authors are Italian scholars, writing in both English and Italian. Others are well-known scholars in the field from various parts of the world. The context for the conference, and the book, was the UNESCO initiative to produce an international convention for the protection of the underwater cultural heritage. Indeed, the conference coincided with the start of the final round of negotiations that eventually led to agreement of a final text. The UNESCO Convention on the Protection of the Underwater Cultural Heritage was adopted in November 2001 and the foreword to the book states that the papers have been updated to take this into account. The essays are split into five sections. Section I, entitled``Cultural Heritage and International Law'', is introductory in nature and does not relate specifically to the underwater cultural heritage. The first, very short, essay by Francesco Francioni (in English) identifies some general principles of international law applicable to the protection of the cultural heritage. The second paper, by Manlio Frigo (in Italian), considers issues relating to the movement and restitution of cultural goods from an international perspective. The second section of the book is entitled``Underwater Cultural Heritage: Selected Cases''. It comprises five essays, mainly concerned with bilateral agreements relating to specific wrecks. The first contribution, by Constance Johnson (in English), outlines the Agreement between Australia and the Netherlands Concerning Old Dutch Shipwrecks 1972. One of the most interesting aspects of this Agreement is the detailed provision it makes for the disposition of recovered artefacts. However, while Johnson describes the provision that is made, she does not go on to consider in any detail the provision in today's context, especially in light of the principles enshrined in, and underlying, the UNESCO Convention. (Her final two sentences are tantalising
Revista de Direito International/Brazilian Journal of International Law, 2020
The development of modern survey, navigation, diving and remotely operated vehicle technologies contributed to the development of maritime archaeology and exploration and protection of shipwrecks by the official domestic authorities, but also to accessibility of the underwater world by private persons and enterprises. The regime of the 1982 UNCLOS III has been proved absolutely counterproductive for the protection of the underwater cultural objects. The 2001 UNESCO Convention is an improvement, being though a compromise – as is every international instrument. It states that “the protection of underwater cultural heritage through in situ preservation shall be considered as the first option”. Its opponents, though, argue that it does not give the speedy response that would be needed in order to repress “the international industry of treasure hunters”. Various countries have enacted laws on the protection of underwater cultural heritage. Obviously, differences in legal systems are reflected in said national laws. Undoubtedly, problems are much more difficult to resolve in areas that are disputed between the various littoral States. Famous cases show that agreements between the States can play a crucial role to the resolving of complicated situations. In any case, protection of the underwater cultural heritage should always be the target.
Heritage , 2023
This study examines the legal challenges related to preserving sunken military vessels as Underwater Cultural Heritage (UCH) in Colombia. These challenges include Spanish galleon shipwrecks, limited international cooperation, and the lack of legal recognition for sunken military vessels under domestic law (Law 1675 of 2013). To address these issues, this article reviews the concepts of warship and sovereign immunity as they relate to the status of sunken military vessels. The study places a particular focus on the USS Kearsarge, a military shipwreck in Colombian territorial waters protected by the Sunken Military Craft Act of 2004 (SMCA) of the United States. Additionally, it analyzes the legal frameworks and management of UCH in both Colombia and the United States, as well as providing two lists of Colombia’s sunken military vessels and foreign sunken military vessels in its waters. The research concludes by highlighting the complexities of managing UCH in Colombia and offering a prospectus on the future of the USS Kearsarge wreck site as shared heritage. Ultimately, this study underscores the need for a more comprehensive legal framework and greater international cooperation to ensure the preservation and protection of sunken military vessels in Colombia.