حماية التراث الثقافي المغمور بالمياه

Abstract

Abstract : The international community is taking an increasing interest in the underwater cultural heritage, and in 1994 UNESCO received the Buenos Aires draft convention on the protection of the underwater heritage prepared by the International Law Association (ILA). This text has been studied by a group of experts called together by UNESCO and commented on by States. Following the reports of the meeting and of States' comments, the UNESCO General Conference decided, in November 1997, that UNESCO should draft an international convention on the subject. and a further meeting of governmental experts will be held during 1998. However, the discussions have so far focused on protection in the area beyond the territorial jurisdiction of the coastal State and this is not an issue in the case of the sites off Alexandria, so I will not go into further detail on its provisions. According to the United Nations Convention on the Law of the Sea 1982, a State has jurisdiction over its territorial sea (not to exceed 12 nautical miles) and can take control of underwater heritage out to 24 nautical miles. There is not yet general agreement on jurisdiction over underwater cultural heritage in the area beyond that, although some States have asserted it (e.g. Australia over the continental shelf and Morocco, in a Dahir of 1981, over the Exclusive Economic Zone - out to 200 nautical miles). However, in connection with the ILA's Buenos Aires draft, Sub-Committee on the Underwater Cultural Heritage of the ICOMOS international Committee on Archaeological Sites drafted a Charter on the Protection and Management of the Underwater Cultural Heritage which was adopted at the Plenary Conference of ICOMOS held in Sofia in 1996. These are principles devised by the experts in the subject to set international standards of best practice. The considerations included are important and the text is annexed to this document.