Article Open Access http://dx.doi.org/10.26855/jhass.2023.09.025
Study on the Attribution of Underwater Cultural Heritage in the International Seabed Area
Zeyuan Zheng
Dalian Ocean University, Dalian, Liaoning, China.
*Corresponding author: Zeyuan Zheng
Published: October 25,2023
Abstract
As an important carrier of maritime civilization, underwater cultural heritage has a high cultural value. In recent years, with the progress of exploration and salvage technology, more and more underwater cultural heritage in the region has been discovered and salvaged. There are not small gaps in the substantive and procedural law related to underwater cultural heritage due to the lack of jurisdiction of all countries in the region and the lack of clear international treaties on the attribution of regional underwater cultural heritage. Therefore, the attribution of underwater cultural heritage has been highly controversial among salvors, States of origin of water remains and heirs, and its legal application has been subject to different opinions in academic and judicial practice. The purpose of this paper is to start from the problem, combine international treaties such as the United Nations Convention on the Law of the Sea and the Convention on the Protection of the Underwater Cultural Heritage, refer to previous classic cases, conduct theoretical analysis and find out the contradictory root of its attribution. It also in-tends to propose the relevant institutional construction of future international law on the core issue of this paper.
References
Guo Yujun, Xu Jintang. Research on some legal issues of international underwater cultural heritage [J]. Chinese Jurisprudence, 2004(03):159-171. DOI:10.14111/j.cnki.zgfx.2004.03.018.
Sun Wen, Yang Ying. Analysis and Insights of the Dispute on the Attribution of Underwater Cultural Heritage Rights--Titanic Case as a Perspective [J]. International Business Research, 2019, 40(05):85-96.
DOI:10.13680/j.cnki.ibr.2019.05.008.
Sun Wen. Research on international legal issues of underwater cultural heritage [M]. Nanjing University Press: Nanhai Library, 2019, 10.298.
Xiao Xiong. Study on the attribution of rights to archaeological and historical objects in the Area [J]. International Law Research, 2015(04):55-69.
Zhao Yajuan. The international legal regime for the protection of underwater cultural heritage - on the relationship be-tween three multilateral treaties on the protection of underwater cultural heritage [J]. WOU International Law Review, 2007, 6(01):93-127.
How to cite this paper
Study on the Attribution of Underwater Cultural Heritage in the International Seabed Area
How to cite this paper: Zeyuan Zheng. (2023) Study on the Attribution of Underwater Cultural Heritage in the International Seabed Area. Journal of Humanities, Arts and Social Science, 7(9), 1836-1840.
DOI: http://dx.doi.org/10.26855/jhass.2023.09.025