Archaeological and/or Historic Valuable Shipwrecks in International Waters:Public International Law and What It Offers

Public International Law and What it Offers

Häftad, Engelska, 2002

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Beskrivning

In this book the author focuses on the search for a global legal framework that covers activities affecting archaeological and/or historic valuable shipwrecks in waters beyond national jurisdiction. Three regimes are investigated as to their applicability: The Law of the Sea Convention 1982; the system of admiralty law as adapted to these particular circumstances and used by US courts; and the UNESCO Convention for the Protection of the Underwater Cultural Heritage. When analysing the relevant articles of the regimes, additional critical commentary is provided. This volume provides policy-makers, commercial explorers, archaeologists, scholars and students with an overview of the relevant, existing public international law as well as questions that need to be solved in order to regulate activities affecting archaeological and/or historic valuable shipwrecks. In addition, it may serve as a guide for the interpretation of the UNESCO Convention for the Protection of the Underwater Cultural Heritage.

Produktinformation

Utgivningsdatum:2002-09-26
Mått:155 x 235 x 15 mm
Vikt:431 g
Format:Häftad
Språk:Engelska
Antal sidor:256
Förlag:T.M.C. Asser Press
ISBN:9789067041478

Utforska kategorier

Arkeologiska perioder och områden inom Historia och arkeologi
Folkrätt inom Juridik

Mer om författaren

Eke Boesten is currently working as an independent legal consultant in the fields of Maritime Cultural Heritage and the Law of the Sea. She was formerly associated with the T.M.C. Asser Institute in The Hague, The Netherlands, where she conducted her research for this book.

Recensioner i media

'[...] I am convinced that not only academic lawyers but certainly practicing lawyers involved in admiralty law and in law of the sea will be most thankful for the valuable legal research which will be of use to them.' From the Preface by Professor Dr. Eddy Somers of Ghent University

Innehållsförteckning

Foreword; Preface and acknowledgements; List of abbreviations; Part I. Introduction: 1. A legal lacuna?; 2. Instrumental structures to consider; 3. Research questions; 4. Sources; 5. International waters; 6. Activities affecting archaeological and/or historic valuable shipwrecks; 7. The parties that have an interest; 8. The structure of the chapters; 9. Personal note; Part II. Scope: Concepts and Definitions: 1. Introduction; 2. A regime for the high seas; 3. Codification of the high seas regime; 4. The regime for the high seas under the LOSC 82 in relation to archaeological and/or historic shipwrecks; 5. A regime for the ocean floor comprising the common heritage of mankind; 6. 'Archaeological and/or historic shipwrecks' - what does it include?; 7. In summary; Part III. The Law of the Sea Convention 82: The Legal Regime Concerning Objects of an Archaeological and Historical Nature: 1. Introduction Part I. - Articles 149 and 303 50; 2. Article 149 and what it comprises; 3. The contents of Article 303 55; 4. In summary; Part II. The legal regime of marine scientific research; 5. Introduction; 6. The history of the legal regime of MSR; 7. In summary; 8. Principles with the potential to develop; 9. Conclusion; Part IV. Admiralty Law: The Legal Regime of Admiralty Law as Applied to Archaeological and/or Historic Shipwrecks: 1. Introduction; 2. History - Part I. 3. Salvage law; 4. The law of finds; 5. In summary; Part II. 6. The international convention on salvage of 1989; 7. The Articles; 8. Conclusion; Part V. The UNESCO Convention on the Protection of the Underwater Cultural Heritage: 1. Introduction; 2. The UNESCO convention on the protection of the underwater cultural heritage; 3. Object, purpose and general principles of the Convention's Preamble and Article 2; 4. Scope and definitions; 5. Jurisdictional issues and geographical scope - Articles 7, 8, 9, 10, 11, 12; 6. Permits, seizure and sanctions - Articles 14, 15, 16, 17, 18; 7. Information sharing, public awareness and training - Articles 19, 20, 21; 8. Institutional structure - Articles 22, 23, 24, 25; 9. Formal treaty provisions; 10. Conclusion; Part VI. Conclusion: 1. Introduction; 2. The optional frameworks; 3. An interpretative implementation Agreement to the LOSC 82?; Bibliography; Annex: convention on the protection of the underwater cultural heritage; Index; Curriculum Vitae.