A Research On The Legal Issues Of Ownership Of Underwater Cultural Heritage

Since the 20th century,the international community has been increasingly concerned about underwater cultural heritage(hereinafter "UCH").It is estimated that about three million sunken ships are currently under water,most of which contain large quantities of gold,porcelain and other valuable goods.For example,the Titanic,the Belitung wreck,the Lighthouse of Alexandria and the former pirate town of Port Royal in Jamaica.As a property or a kind of cultural property,UCH has the value that the general property cannot compare,especially the huge economic value,therefore it has become the object that many treasure hunter and countries competes for.More importantly,the UCH has historical,cultural,archaeological and scientific value,which enables us to open a window to the unknown past and enrich their understanding of the national and the whole world's history.From the famous shipwreck of the Titanic to the Spanish case of the Mercedes,there has been a lot of controversies surrounding the ownership of UCH.When drafting the terms of the international treaty,however,because of the complexity of the concept of ownership and fundamental differences in the international community's attitude and definition of this concept,international treaties have avoided referring this issue.The issue of ownership is subject to domestic law.The lack of a clear theory of international law and the differences in the rules between different countries cause the legal issue of ownership of UCH to become more and more chaotic.Therefore,the analysis and research on this issue has profound theoretical and practical significance.Recently,various kinds of illegal salvage or construction activities in the sea have been affecting and severely damaging UCH of China.Especially in the South China Sea,as the maritime Silk Road,the issue of maritime delimitation and sovereignty disputes emerge in an endless stream.In addition,the surrounding countries have different legislation on underwater cultural heritage,and the dispute of ownership of UCH is inevitable.Although in recent years,China has attached more and more importance to the protection of UCH,such as the UCH Protection Center of the State Administration of Cultural Heritage which was established in 20 14,the existing legislation in our country is insufficient to provide good protection for UCH.Under this background,it is of great significance to study the ownership of underwater cultural heritage,especially the ownership and the transfer of ownership.This thesis is divided into four parts.The first part introduces the conception and legal nature of UCH.This part also puts forward the legal concept of grouphood which provides the theoretical foundation for the latter.The second part examines how to affirm which country has the right of ownership.It will analyze the causes of ownership disputes and compare the existing international law and some important countries' domestic laws and regulations.Based on the analysis of their strengths and weaknesses,it will propose specific methods for resolving ownership disputes.The third part is mainly about the limitation of the transfer of ownership.From the perspective of the theory of grouphood rights,it proposes to strictly limit the disposal of ownership,such as the transfer and damage,and evaluates existing international law and domestic laws of major countries.The last part will sort out the existing legislative and judicial practices in China and analyze the existing problems.The above-mentioned international law and national regulations are summed up to find regulations and systems that are worth learning from.On this basis,suggestions for the improvement of China' s laws are proposed.