The Jurisdiction Of The Underwater Cultural Heritage And Dispute Resolution Mechanisms

The ocean is not only the treasury of nature resource, but also of human civilization. Through the centuries, numerous civil merchant ships and state watercrafts with abundant products were frequently found on the vast ocean. While satisfying the producing and living demands and creating great fortune, these watercrafts also suffered severe trials. Numberless human fortune and secrets are hidden in the wrecked ships. With the advance of modern science and technology, a large number of wrecked ships have been resurfaced by the deep-sea salvage. However, these wrecked ships are not only the culture heritage to archaeologist, but also the high profit for treasure hunters. The development of underwater culture heritage is now out of control and also out of order since the underwater activities can hardly be discovered. Therefore, the management and protection of the underwater heritage has drawn more and more attention of the international community. In 2001, the UNESCO adopted Convention on the Protection of the Underwater Culture Heritage, which aims at establishing an international mechanism for the supervision and protection of the underwater culture heritage.This paper consists of six chapters. The introduction expounds the significance of underwater culture heritage and the threat to the heritage. Starting with the concept of underwater culture heritage in the domestic law and international law, Chapter One analyzes the underwater culture heritage that the international community should protect under the circumstances of limited legal resources. Starting with the concept of underwater culture heritage in the domestic law and international law, Chapter One analyzes the underwater culture heritage that the international community should protect under the circumstances of limited legal resources. Secondly, this chapter analyzes the possible legal conflicts about the underwater culture heritage from the perspective of the complex law involved. And finally, this chapter talks about the assumed types of legal disputes about underwater culture heritage from the angle of the complexity, the conflicts of different profits, and the absence of legislation of the heritages.In line with the principle of territorial jurisdiction and personal jurisdiction in international law, Chapter Two analyzes the special jurisdiction system of Convention on the Protection of the Underwater Culture Heritage,After comparing the solutions for different disputes raised in Convention on the Protection of the Underwater Culture Heritage, Chapter Three analyzes the keys to settle these disputes from the perspective of legal value, namely placing more emphasis on protection than form ascription.Chapter Four discusses the problems on the protection of underwater culture heritage in China, and some proposals thus put forward. At the end of this essay, the conclusion briefly summarized the whole essay.