Cultural Heritage of Wreck Sites

Wrecks of an archaeological and historical nature are goverened by international and national laws. The rules differ depending on the maritime zone where the wreck is situated.

The United Nations Convention on the Law of the Sea (UNCLOS) states that wrecks of an archaeological and historical nature in international waters shall be preserved or disposed of for the benefit of humankind. Particular regard shall be paid to the preferental rights of the country of origin.

National states have a general duty to protect wrecks of an archaeological and historical nature in all maritime zones and shall cooperate for this purpose, according to UNCLOS. However, this does not affect the rights of identifiable owners and is without prejudice to other international rules regarding the protection of objects of an archaeological and historical nature.

More specific rules for the protection of objects of an archeaological and historical nature found at sea are contained in the UNESCO Convention on the Protection of Underwater Cultural Heritage. The UNESCO Convention went into effect in 2009, however not all countries in the North Sea Region have become a Party to this convention yet.

The UNESCO Convention aims to protect “all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least 100 years”.

The UNESCO Convention forbids commercial exploitation of underwater cultural heritage. The Convention considers in situ preservation of underwater cultural heritage (i.e. on the seabed) the first option before intrusive actions. The recovery of objects may be authorized, if necessary for the protection of or knowledge about underwater cultural heritage. The UNESCO Convention requires proper respect be given to human remains.

The UNESCO Convention also protects certain war wrecks as cultural heritage against looting and destruction. The Convention does not however modify sovereign immunities or States’ rights regarding their national vessels and does not change or regulate ownership of wrecks.

If a wreck of a State vessel is found outside territorial waters the consent of the Flag State is required before interventions are undertaken within the framework of the UNESCO Convention. The Flag State should be informed if such a wreck is found within its territorial waters and other existing international law shall be respected.

For wrecks located in international waters, the UNESCO Convention requires States to adopt domestic legislation to ensure that their own nationals and vessels flying their flag do not engage in any activity not in conformity with the Convention.

State Parties to the UNESCO Convention require their nationals and vessels flying their flag to report discoveries and activities concerning underwater cultural heritage located in the Exclusive Economic Zone, on the Continental Shelf and beyond and to inform the other States Parties accordingly.

States Parties to the UNESCO Convention take measures to prevent the dealing in underwater cultural heritage illicitly exported and/or recovered and to seize it, if it is found in their territory.