Study On The Principle Of International Law In Dispute Reslution Of The Underwater Cultural Heritage Ownership

Underwater cultural heritage is a testimony of human social history,andis the crystallization of human wisdom and sweat.In view of the fact that there are few concrete descriptions on the disputes over the ownership of underwater cultural heritage in the international community,and it basically stays at the theoretical level.The article gives a detailed introduction to the disputes over the ownership of underwater cultural heritage.The introduction of the principle of international law in dispute settlement has been paved the way.Although the absence of the ownership system in the existing international legal system,it does not provide a perfect legal framework for the protection of underwater cultural heritage.To solve the ownership system,we must introduce the basic principles to solve the ownership of underwater cultural heritage.The international community has two main principles of international law to solve the disputes over the ownership of underwater cultural heritage:one is the principle of the common heritage of mankind and the other is the source of benefits State principle.In contrast,the international community has less practice of using the principle of common heritage of mankind as a solution to the controversy of underwater cultural heritage,and has more practice of benefiting the principle of beneficiary countries as a solution to disputes.In the international community,there are also normative court judgments Therefore,in practice,the specific application of the principle of beneficiary country of origin has the relevant legal basis and the conditions to be followed.Although there are two different principles of international law that are used to solve the disputes over the ownership of underwater cultural heritage in the international community,it should be noted that both common heritage of mankind and the principle of beneficiary countries have problems in the application of practice.The principle of common heritage of mankind has neglected the basic rights of the creators of the underwater cultural heritage and therefore has not been widely accepted by the international community.The principle of benefiting the country of origin has such problems as unclear rights and difficulties identified by the country of origin,and therefore cannot be widely applied to all cases of disputes over the ownership of underwater cultural heritage.In view of the complexity of the disputes over the ownership of underwater cultural heritage and the urgency of resolving the ownership of ownership and the protection of the interests of the owners,the international community has come up with a call for the principle of cultural identity as a dispute over ownership.The principle of cultural identity absorbs the connotation of benefiting the principle of country of origin and takes more account of the legal rights of the owner.Therefore,in order to better solve the disputes over the ownership of underwater cultural heritage,the application of the principle of common interests of mankind should be strictly restricted.At the same time,International legal documents raise the principle of cultural identity as the legal principle at the international level.