The British ratification of the Underwater Heritage Convention: Problems and Prospects
Allbwn ymchwil: Cyfraniad at gyfnodolyn › Erthygl › adolygiad gan gymheiriaid
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Yn: International & Comparative Law Quarterly, Cyfrol 67, Rhif 4, 10.2018, t. 833-865.
Allbwn ymchwil: Cyfraniad at gyfnodolyn › Erthygl › adolygiad gan gymheiriaid
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TY - JOUR
T1 - The British ratification of the Underwater Heritage Convention: Problems and Prospects
AU - Roberts, Hayley
N1 - Rated 3* submission by external reviewer
PY - 2018/10
Y1 - 2018/10
N2 - The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001 came into force in 2009, providing a much-needed international legal framework for the protection of underwater cultural heritage (UCH). This paper explores the reasons why the UK has neglected to ratify the Convention and why the time is now ripe for accession. In doing so, the article reconciles the UK’s stance with the agreement; moving the State into a position where it can reconsider ratification. In this context, it examines the definition of UCH and the purpose of the Convention, the extension of sovereign immunity for wrecked warships, and the likelihood of creeping coastal State jurisdiction beyond the competences conferred by the UN Convention on the Law of the Sea. This transformative analysis moves forward the debate on these issues and is of international significance to States that have been similarly hesitant to ratify the Convention until now.
AB - The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001 came into force in 2009, providing a much-needed international legal framework for the protection of underwater cultural heritage (UCH). This paper explores the reasons why the UK has neglected to ratify the Convention and why the time is now ripe for accession. In doing so, the article reconciles the UK’s stance with the agreement; moving the State into a position where it can reconsider ratification. In this context, it examines the definition of UCH and the purpose of the Convention, the extension of sovereign immunity for wrecked warships, and the likelihood of creeping coastal State jurisdiction beyond the competences conferred by the UN Convention on the Law of the Sea. This transformative analysis moves forward the debate on these issues and is of international significance to States that have been similarly hesitant to ratify the Convention until now.
U2 - 10.1017/S0020589318000210
DO - 10.1017/S0020589318000210
M3 - Article
VL - 67
SP - 833
EP - 865
JO - International & Comparative Law Quarterly
JF - International & Comparative Law Quarterly
SN - 1471-6895
IS - 4
ER -