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The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents a major step forward in the field of international law. New archaeological rules as well as a comprehensive co-operation system among the States concerned are set up by the new Convention. Despite the negative attitude assumed by few States at the moment of voting for the text of the Convention, this new international instrument is welcome by the great majority of States. This volume focuses on the main aspects of the Convention. It is divided in two parts, to describe the situation before and after the adoption (and the forthcoming into force) of the Convention. In the first part the contradictions resulting from the regime established under the 1982 United Nations Convention on the Law of the Sea are analysed together with the undesirable results of the application of the rules of admiralty (law of salvage and law of finds) to the underwater cultural heritage. In the second part the negotiation process is described, both in its general aspects (the myths surrounding the draft) and in its specific results (the drafting of each single provision).
The legal protection of the underwater cultural heritage is a field in which there is growing international interest. Shipwrecks and other underwater cultural remains in every maritime zone are threatened both by activities ‘directed at’ them, such as treasure hunting, and by activities ‘incidentally affecting’ them, such as mineral exploration and exploitation, pipeline and cable-laying, dredging, and fishing. Since the first edition of this collection (published in 1999), the urgent need for an international legal framework to regulate these activities has been formally recognised by the adoption in 2001 of the UNESCO Convention on the Protection of the Underwater Cultural Heritage...
The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.
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The life story of the seventh Duke of Medina Sidonia, best known as the man who led to the defeat of the Spanish Armada of 1588.
** Winner of the ABILA (American Branch of the International Law Association) Book of the Year Award for a Book on Practical or Technical Subject. ** In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agree...
This maritime history recounts the exploits of sixteenth century English privateers in conflict with the Spanish Empire. The Sea Dogs were seafaring merchants who originally traded mainly with Holland and France. During Queen Elizabeth’s reign, however, they began sailing further afield, spreading the reach of English exploration and plundering. At that time, England was a relatively impoverished country. But it soon found a new source of wealth in the Caribbean—a region that had been the colonial domain of wealthy Catholic Spain. The first man to trade with the Spanish Main was John Hawkins, who traveled to West Africa, captured the natives and transported them to the Caribbean. There h...
Underwater Archaeology: The NAS Guide to Principles and Practice provides a comprehensive summary of the archaeological process as applied in an underwater context. Long awaited second edition of what is popularly referred to as the NAS Handbook Provides a practical guide to underwater archaeology: how to get involved, basic principles, essential techniques, project planning and execution, publishing and presenting Fully illustrated with over 100 drawings and new colour graphics New chapters on geophysics, historical research, photography and video, monitoring and maintenance and conservation
Since the previous edition of this book, changes have taken place with Ireland's Articles of the Constitution, including challenges to the Articles, referenda, new legislation, and judicially-considered cases. This third edition is almost completely re-written as a result of the tumultuous changes in Irish constitutional law. Author Michael Ford - an accomplished constitutional law author and practitioner - offers the reader everything needed to know on this complex subject.