Study On Legal Issues Relating To The Protection Of Ancient Shipwrecks

With the development of science and technology, human beings reach to the deep sea, discover and excavate the cultural heritage in the sea floor. With historical significance like the cultural heritage buried in earth, shipwrecks witness the development of human civilization. Besides their own value, shipwrecks consist archaeological and historical information which is particularly important for human beings to understand their own history,to promote relevant research and pass the essence of culture.Since Law of the Sea produced in the 17th century, the United Nations Conference compile systematic rules of the sea, but unfortunately, the rules reflect the interests of maritime nations.The imperfect international law makes ancient shipwrecks be the target of unscrupulous divers who care little the information.UNESCO's Convention on Protection of the Underwater Cultural Heritage Protection could be the Gospel for the underwater heritage, basically respecting the rules of the existing law of the sea. Although avoiding of some important issues, the Convention establish the framework for protecting of underwater cultural heritage , balancing of the relevant interests of nations and against commercial salvage.Amendment of the Convention on Protection of the Underwater Cultural Heritage(1994) is going to enter into force. In possession of abundant ancient shipwrecks, China attaches importance to mechanisms of international law relating to underwater cultural heritage. Presently, China should consider whether accede to the Convention, how to amend existing domestic law to be in harmony with the Convention or how to revise domestic laws to conform to the trend of attitude in the world to ancient shipwrecks? This paper attempts to sort out the relevant international and domestic law, to define the basic concepts related, to answer some questions and look forward to giving some useful thoughts for the improvement of legislation.It adopts a general structural paradigm of the post-graduate thesis: to define the basic concepts firstly, to sort out international and domestic law, to understand in-depth of mechanisms of the law system and put forward the concept for domestic legislation besed on the situation of our country.The thesis is divided into eight parts, respectively, the contents as follow: Part I is on the concept and scope of ancient shipwrecks. On the basis of related law documentation, it mainly expounds the basic concepts of the ancient shipshipwrecks and the scope of ancient shipwreck to lay the foundation for follow-up parts.Part II is on the legal characters of ancient shipshipwrecks. The difference answers to questions will inevitably lead to different attitudes towards the ancient shipwrecks. This paper attempts to identify and analyze legal characters of the ancient shipwrecks and bring up the author's point of view.Part III is on the ownership of ancient shipwrecks which is immense complexity. Convention on the Protection of the Underwater Cultural Heritage avoids it. This part attempts to analyze the relevant domestic law on the ownership of the ancient shipwrecks and put forward the views on it.Part IV is on the protection principles of the ancient shipwrecks. Based on the analysis of the basic principles of Convention on the Protection of the Underwater Cultural Heritage, it attempts to resume an effective arrangements for the systemic legislative theory on the protection principles of the ancient shipwrecks .Part V and VI are on protection of ancient shipwrecks. The preservation in situ of underwater cultural heritage shall be consider as the first option before allowing or engaging in any activities, but if shipwrecks is in danger or faces potential threats, it is necessary to adopt other means to protect them, and the jurisdiction such protection activities shall be clear.Part VII is on legal responsibility. Rights and obligations are twins. One should bear obligations for breach of law. This section aims to clarify the relevant legal documentation, sort out main obligations and liabilities and urge ones to fulfill its obligations.Part VIII aims to build legal system for protecting China's ancient shipwrecks. Proceeding from the legal practice and reflecting our existing relevant legislation, the paper attempts to answer the relevant issues raised previously in the text.The conclusion is a brief summary of the contents of this thesis.