Legality of Sea: Towards A New Methodology

This Article explores the intersection of legal frameworks and archaeological practices in protecting underwater cultural heritage (UCH), focusing on historic shipwrecks. It traces maritime law from medieval European customs treating wrecks as res nullius or subject to royal claims to modern regimes like the 1982 UNCLOS and 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage (CPUCH). UNCLOS is critiqued for its fragmented provisions (Articles 149 and 303), which offer limited protection and often prioritize commercial salvage over heritage preservation, enabling treasure hunting in EEZs and high seas. The UNESCO Convention provides a stronger framework by mandating professional archaeological standards, in-situ preservation and rejecting commercial exploitation. Case studies, the successful public preservation of the Mary Rose (UK), commercial salvages like the Atocha (USA), destructive looting of the Geldermalsen and state-sanctioned exploitation of a Chinese wreck in Indonesia highlight how legal ambiguities and economic pressures disproportionately affect developing nations. The article entails a balanced model for poorer states, temporary "loaning" agreements with capable parties for excavation, exhibition and tourism revenue generation, allowing cost recovery before reverting control to the country of origin. This aims to ensure financial sustainability, equitable heritage protection and prevention of loss to unregulated salvage.