Underwater Cultural Heritage and Related Legislations - Annotated Bibliography Example

Resource portfolio for Underwater Cultural Heritage and related Legislations Student’s Name: Instructor’s Name: Subject: Date: In this resource portfolio, a collection of scholarly journal articles and websites have been put together with the main objective being to reveal more about the Underwater Cultural Heritage (UCH). Some of the aspects contained in these resources touch on interpretation of the public with respect to shipwrecks. Besides, comparisons of various legislatures that govern UCH in countries such as Australia and USA among others have been covered as well. Ultimately, the United Nations Education, Scientific and Cultural Organization (UNESCO) Convention on the Protection of Underwater Cultural Heritage (UCH Convention), which governs the UCH is considered as the current convention being adopted by various countries in governance of UCH. Therefore, this resource dwells much on legislations concerned with UCH all over the world. These scholarly journal articles have been downloaded from Proquest Library and are provided in from of PDFs. Australasian Institute for Maritime Archaeology Inc 2010, ‘Coastal Connections and the Changing Face of Maritime Archaeology: A Kimberley Perspective’, Newsletter of the Australasian Institute for Maritime Archaeology (AIMA), vol. 29, no. 1, pp. 1-29. In this newsletter, the changing face of Australian Underwater archeology is taken a closer look by specifically looking at Kimberly in North-West Australia. The article also features Hive, as hip that is believed to have wrecked in 1835 in Australia. In this regard, it has explained various legislatures such as Historic Shipwrecks Act 1976 and Heritage Act of 1977 that have been applied to govern UCH in Australia. Australia Maritime Heritage, ‘Review of legislation that protects australia’s historic shipwrecks’, viewed 03 March 2011, < http://www.environment.gov.au/heritage/publications/shipwrecks-review/factsheet.pdf.>. In this paper, the histories of various legislations that govern UCH in Australia are covered. Such include the Historic Shipwreck Act 1976. It is stated clearly that Australia was the first country to enact legislation concerned with Shipwrecks which recognized the material importance of UCH fro commercial salvage to the Australian government and its people. What the legislature protects and why as well a how it is applied is covered in comparison with the UNESCO’s 2001 Convention for the protection of UCH. Australian Underwater Cultural Heritage Intergovernmental Agreement 2010, viewed 03 March 2011,< http://www.environment.gov.au/heritage/publications/pubs/underwater-cultural-intergovernmental.pdf.>. This paper covers on the Australian UCH intergovernmental agreement. In this agreement, the roles and responsibilities with respect to identification, protection, management, conservation and interpretation of UCH in Australia are featured. Besides, the recognition and protection of shipwrecks as well as related legislative protection are featured. Commonwealth of Australia 2011, ‘Historic shipwrecks laws’, viewed 03 March 2011, . On this website, the Historic Shipwreck Act 1976 which was enacted in Australia is explained to detail. The management of UCH in Australia and the number of shipwrecks are discussed. On the other hand, this website comments that the legislation is administered by the Australian government in conjunction with other stakeholders. Carla JS 2001, ‘Extension of express abandonment standard for sovereign shipwrecks in sea hunt, Inc. et al., Raises troublesome issues regarding protection of underwater cultural property’, International Journal of Cultural Property, vol. 10, no. 2, pp. 276-314. In this article, some of the legal tussles experienced in recovering shipwrecks by application of various international laws are featured. In particular, this article contains the ruling by the Fourth Circuit especially in Columbus-America Discovery Group vs. Atlantic Mutual Ins. Comparisons between Spain’s and United Sates laws of UCH are compared with respect to Abandoned Shipwreck Act (ASA). Craig, F 2003, ‘An international perspective on sunken state vessels as underwater cultural heritage’, Ocean Development & International Law, vol. 34, pp. 41–57. In this article, the author touches particulalary on the UNESCO’s convention of 2nd November 2001 on Underwater Cultural Heritage. It goes on further to expound on the past and current legal status of sunken state-owned vessels inclusive of warships. Besides, the authors stipulate clearly that prior to the 2001 UCH Convention, there was no customary or conventional International law the governed ownership of UCH resources. On the other hand, the article distinguishes between the sovereign immunity and ownership of UCH. Craig JS & John G 2002, ‘The illicit movement of underwater cultural heritage: The case of the Dodington coins’, International Journal of Cultural Property, vol. 11, no. 2, pp. 267-293. It this article, a clear example of controversies surrounding ownership and recovery of UCH is demonstrated. It features the sale by auction of gold coins which was part of Clive of India. The wreck is said to have lied in South African territorial waters and thus was under the protections of South Africa heritage legislation. Therefore, some of the legal challenges encountered in such undertakings before a foreign court are featured. In particular, it features the applicability of international laws such as UNESCO Convention on the Protection of UCH in instances where repatriation of illegally exported or stolen UCH. Dromgoole, S 2006, 'The international agreement for the protection of the titanic: problems and prospects', Ocean Development & International Law, vol. 37, no. 1, pp. 1-31, viewed 03 March 2011, < http://dx.doi.org/10.1080/00908320500474015>. This article has reviewed the controversy surrounding RMS Titanic and the author goes on further to write USA, UK, France and Canada entered into an agreement in 2000 which aimed at protecting the aforementioned shipwreck. It is only UK and USA which have ratified the agreement and as such the implementation of treaty faces a lot of challenges which the author covers on. On the other hand, the article has compared this agreement with other international laws governing UCH. Edward VC 2010, ‘Australian offshore laws’, Journal of Maritime Law and Commerce, vol. 41, no. 3, pp. 465-465. In this book, dwells much on the Australian’s maritime laws that are applied in governing maritime related issues. Specifically, the author in chapter eleven covers on Australian shipping laws with respect to Ship Registration and Ownership, arrest of vessels and admiralty jurisdiction, salvage and shipwrecks, Underwater Cultural Heritage and historic shipwrecks. Therefore, this review sheds light on various laws that are applicable in Australia. Gibbins, D & Adams, J 2001, 'Shipwrecks and maritime archaeology', World Archaeology, vol. 32, no. 3, pp. 279-291, viewed 03 March 2011, . In this article, shipwrecks are argued to be the most distinctive and numerous type of maritime archeology, their homogenous characteristics facilitates them to be researched on using same strategies and methodologies. As such there is need to harmonize various laws governing ownership and recovery of shipwrecks and other UCH. Thus, in this article, the author features the archeological context of UCH. Hallwood, P & Miceli, TJ, 2005, 'Economic analysis of the legal regimes governing salvage of historic shipwrecks', Ocean Development & International Law, vol. 36, no. 4, pp. 323-337, viewed 03 March 2011, . In this article, critically analyzes the international laws that govern recovery and ownership of UCH from historic shipwrecks. The author brings together the values of archeological knowledge and treasure salvage. Besides, it is noted that many a times the United States Salvage Law is applied internationally although it does not sufficient protection of UCH. In comparison, UNESCO’s convention on UCH is considered to offer comprehensive UCH protection. Hu, Nien-Tsu Alfred 2008, ‘The 2001 UNESCO underwater cultural heritage convention and Taiwan's domestic legal regime’, Ocean Development & International Law, vol. 39, no. 4, pp. 372-394, viewed 03 March 2011, < http://dx.doi.org/10.1080/00908320802459151>. In this journal article, the author highlights on the adoption of Convention on the Protection of Underwater Cultural Heritage (UCH Convention) by the United Nations Education, Scientific and Cultural Organization (UNESCO) on 2nd November, 2001. The UCH Convention of 2001 amended as well as supplemented the legal rules of the UCH Convention (1982) on the Law of Sea. Reason fro choosing this article is that it distinctly demonstrates some of the challenges faced by any country in adopting the UCH Convention as a National Law by using Taiwan as an example. James, ARN & Ann, N 2007, ‘Conference on cultural heritage issues: The legacy of conquest, colonization and commerce’, International Journal of Cultural Property, vol. 14, pp. 445-446. This is conference report in which various issues and laws relate to management of UCH have been covered. It is form an expert’s point of view in which repatriation of UCH resources and the UNESCO convention on protection of UCH are featured. John, OAA 2005, ‘Regional Workshop on the UNESCO conventions protecting cultural property’, International Journal of Cultural Property, vol. 12, pp. 483-485. In this article, all the efforts which have been initiated by majority of countries such Australia –enactment of legislations for protection of UCH- around the globe have been featured. The adoption of Second Protocol to the Convention of protection of cultural property in 1999 is detailed. This is said to have led to creation of UNESCO’s convention in 2001 and the2003’s adoption of Convention for Safeguarding the Intangible Cultural Heritage. Michael AB 2009, ‘international law of sea, International Law, pp. 215-220. The author has reviewed the all the legislations related to Law of Sea of various countries such as Australia and USA that govern UCH prior to the creation of UNESCO Convention of in 2001. For instance, the article has featured UNCLOS and its ratification and the subsequent adoption of UNESCO Convention on protection of UCH in Australia. n.a. 2002, ‘UNESCO Convention on the protection of the underwater cultural heritage’, International Journal of Cultural Property, vol. 11, no. 1, pp. 107-128. In this article, UNESCO convention of 2001 is documented in its entirety. The definitions, objectives, scope, relationship with other Las of Sea and Salvage Law, activities affecting UCH, regional and multilateral agreements with respect to UCH among others are covered. Therefore this article is rich in what the 2001 convention contains. Nafziger, JAR 2000, 'Historic Salvage Law Revisited', Ocean Development & International Law, vol. 31, no. 1, pp. 81-96, viewed 03 March 2011, . In this article, the author has argued that there is need to have international laws aimed at governing shipwrecks in particular and any other UCH in general by referring to the RMS Titanic. It is demonstrated that US admiralty courts’ qualification of salvage awards with respect to archeological standards cannot be ignored. In this case therefore, there is need to adopt a international customary law such as UNESCO convention of 2001 on protection of UCH. This is said to provide authority and jurisdiction with respect to UCH. Oxley, I 2001, 'Towards the integrated management of Scotland's cultural heritage: Examining historic shipwrecks as marine environmental resources', World Archaeology, vol 32, no. 3, pp. 413-426, viewed 03 March 2011, . In this article, the authors acknowledges that in the past, shipwrecks were neglected and it is not until in the last few years they have come to be valued as a source of research and investigation with respect to underwater archeology. The author writes that most of the UCH discoveries are as a result of rapid coastal and marine development –such discovery exposes UCH to probable risks and this triggers creation and implementation of necessary management strategies aimed at preservation of UCH as well as promotes awareness among the general public. This article looks at the shipwreck heritage of Scotland and it also covers on shipwreck heritage management strategies of the future. Patrick, JO 2002, ‘Fourth meeting of governmental experts to consider the draft convention on the protection of underwater cultural heritage’, International Journal of Cultural Property, vol 11, no. 1, pp. 168-172. In this paper, the author has extensively covered on events that preceded the creation of UNESCO’s convention of 2001. In a chronological order, the article has discussed various propositions and meeting of experts with respect to controversies surrounding control of UCH around the world. The United Nations Convention on the Law of Sea 1982 is also featured. Street, Thomas 2006, ‘Underwater cultural heritage policies of the united states coastal zone', Coastal Management, vol. 34, no. 4, pp. 467-480, viewed 03 March 2011, . This journal article is rich in terms of expounding on various regimes that are applied in management shipwrecks as well as other resources. The author concentrates on the United States coastal zone which has a lot of UCH resources and is said to impact considerably on international law. The General Marine Law, Marine Sanctuaries Act (Research and Sanctuaries Act) and Abandonment Shipwreck Act are all explained. Read More