Study On The Jurisdiction Of Underwater Cultural Heritage

The jurisdiction of the underwater cultural heritage is the right of a country to protect and use the underwater cultural heritage in a specific sea area and to manage activities related to underwater cultural heritage.Because the underwater cultural heritage contains the historical and cultural links of specific nationalities or countries,and is buried in the international waters,it often involves the conflicts of interests of many countries and causes jurisdictional disputes.Represented by the United Nations Convention on the Law of the Sea and the 2001 UNESCO Convention,the international laws relevant to the jurisdiction of underwater cultural heritage have some degree of ambiguity,which are only reflected the lowest international standards.Comparatively speaking,the provisions of the domestic law on the jurisdiction of the underwater cultural heritage place more emphasis on the maintenance of national interests,which has led to a general trend of expansion of jurisdiction.This article will start from the perspective of the protection of underwater cultural heritage,introduce the basic concepts of the jurisdiction of underwater cultural heritage,analyze the international and domestic laws of the jurisdiction of underwater cultural heritage,and put forward proposals to improve relevant legislation in China.This article is divided into five parts:The first part is the introduction.As the background of the full text,it mainly introduces the significance of the topic and writing mindsets and combs the research results of the cultural heritage jurisdiction at home and abroad.Specifically speaking,this part firstly discusses the practical and theoretical significance of studying the issue of jurisdiction of underwater cultural heritage,on the basis of the destructive salvage phenomenon of current underwater cultural heritage and the deficiencies of the UN Convention on the Law of the Sea and the provisions of the UNESCO Convention of2001.Secondly,from the overall perspective,this paper combs the writing mindset of the full text,points out the research process and research methods of the paper.Finally,it introduces the domestic and foreign research results on the issue of the jurisdiction of underwater cultural heritage,emphasizes again the positive effect to the research on the issue that this article has.The second part introduces relevant concepts of the jurisdiction of underwater cultural heritage.It includes the legal definition of underwater cultural heritage,the general connotation and particularity of the jurisdiction of underwater cultural heritage,and the object and regulatory model.What should be emphasized is the understanding of the general connotation and particularity of the jurisdiction of underwater cultural heritage and the standard of the division of subject matter of jurisdiction-based on the nature,extent and subjective intention of influencing underwater cultural heritage,the object of jurisdiction is divided into commercial development,activities that inadvertently affect underwater cultural heritage,and archaeological researches.Since the 2001 UNESCO Convention is the only international convention that categorizes the objects of the jurisdiction of underwater cultural heritage,its regulatory model for the three types of behavior will be the main target of analysis.The third part is the jurisdiction of the underwater cultural heritage under the framework of international law.Following the law from the abstract to the specific,this part firstly analyzing the application of the principle of general jurisdiction in the protection of the underwater cultural heritage;Secondly,it introduces the system of the underwater cultural heritage jurisdiction in the U.N.Convention on the Law of the Sea and the UNESCO Convention and attempt to put forward my own views;Finally,under the context of protecting underwater cultural heritage,it analyzes the country's other rights and obligations,including the nature of other rights and obligations,and the connection and distinction with jurisdiction.The fourth part is about the provisions of the domestic law on the jurisdiction of the underwater cultural heritage,mainly combing and introducing the relevant legislation of the British and American and the surrounding countries of the South China Sea,pointing out the scope of application of the jurisdiction of the underwater cultural heritage and protection policies for cultural heritage.This section will consciously emphasize the benefits that national legislation has for the improvement of China's legislation,and at the same time analyzes the trend of unilateral jurisdiction expansion.The fifth part is the insufficiency and improvement of the related legislation of China.On the basis of summarizing the foregoing analysis,we pointed out that there are defects in the legislation related to the jurisdiction of China,such as unclear jurisdiction and inappropriate scope of jurisdiction,and further pointed out that the jurisdiction of underwater cultural heritage should be clearly defined,the scope of application of jurisdiction should be adjusted.