A perspective on conservation of underwater cultural heritage with reference to international conventions and administrative laws by the State

• Author: Harsh Pathak
• Pages: 24-34

A perspective on conservation of underwater cultural heritage with

reference to international conventions and administrative laws by

the State

Ph.D. Harsh PATHAK

1

„There's probably more history now

preserved underwater than in all the museums

of the world combined. And there's no law

governing that history. It's finders keepers.”

Robert Ballard, Ocean Researcher

Abstract

That sheer quantity of submerged human history has led monuments and wrecks

to be considered in terms of “cultural heritage” rather than mere submerged objects.

And it has become a subject of conservation through convention and proper legislation

by the state as cultural heritage. It implies something worth preserving and warranted an

active state legislative and administrative action for its conservation. This paper is based

on importance of underwater cultural heritage (UCH) and UNESCO convention, as guid-

ing principle for the state to frame appropriate legislation, regulations and administrative

actions to conserve underwater cultural heritage.

Keywords: underwater, marit ime, heritage, UNESCO, conservation, co nven-

tion, preservation.

JEL Classification: K23, K32, K33

1. Introduction

Heritage is the identity of every respective state, and they are putting

considerable efforts to preserve and protect their centuries old rich heritage.

2

Hu-

man history owes much of its development to settlement in coastal areas and

ocean commerce. However, residing and traversing the seas brings peril in pro-

portion to the benefits: scholars estimate that more than three million shipwrecks

currently lie on the ocean floors and various cities are submerged.

3

Now, they are

considered as heritage worth exploration, preservation and promotion for histor-

ical, archeological, scientific research and tourism. That sheer quantity of sub-

merged human history has led monuments and wrecks to be considered in terms

1

Harsh Pathak - advocate, Supreme Court of India, dr.harshpathak@gmail.com.

2

https://www.livelaw.in/legal-aspects-heritage-india/, consulted on 1.05.2019.

3

http://portal.unesco.org/culture/en/ev.php-URL_ID=34114&URL_DO=DO_TOPIC&URL_SEC

TION=201.html>, consulted on 1.05.2019.