Research On The Legal Problems About Recovery Of Underwater Cultural Wrecks In The Exclusive Economic Zone

With the development of technology,people can raise sunken vessels in the deep ocean gradually.These wrecks have been raised by destroying ways because of the high economic value on the underwater cultural wrecks,which result in the loss of archaeological value,cultural value and scientific value.Therefore,it is urgent to work out laws and regulations to restrain the recovery of wrecks by un-archaeological criteria.But it is problematic to balance the jurisdiction of the coastal state,rights of flag state and rights of owners when the recovery happens in exclusive economic zone.And it is also the key problem for establishing laws and regulations to regulate the recovery of wrecks in exclusive economic zone.Hence,based on the jurisdiction regime established in 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage and analysis of legal relation between coastal country,flag state and owners,this article makes effort to establish complete legal regime to regulate the recovery of underwater cultural wrecks in Chinese exclusive economic zone.Chapter one discusses basic legal problems about recovery of underwater cultural wrecks in exclusive economic zone.The content includes the definition and characteristic of recovery of underwater cultural wrecks in exclusive economic zone,exclusion of the applications of law of salvage of wrecks and the principles which should be followed.Chapter two analyzes the complicated legal nature of recovery of underwater cultural wrecks,which includes nature of marine scientific research,the nature of civil juristic acts and the nature of exercise of sovereignty.Chapter three analyzes the jurisdiction about recovery of underwater cultural wrecks belonging to the coastal states,flag states and connected states based on the complicated legal nature.With the respect of the existing international legal framework,the rights of all parties for protecting underwater cultural wrecks should be clarified.Chapter four discusses the different refloatation of general underwater cultural wrecks,identifiable owners and warships or state-owned vessels based on different kinds of underwater cultural wrecks.Chapter five analyzes the defect of our country's law about recovery of underwater cultural wrecks and makes advices based on current situation in China.And with reference to the informing and protecting regime established in 2001 UNESCO Convention on the Protection of Underwater cultural Heritage,the author tries to establish feasible legal regime for recovery of underwater cultural wrecks in our exclusive economic zone.