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On The General Principles Of Convention On The Protection Of Underwater Cultural Heritage And Its Reference Value To Improving Relevant Laws Of China

Posted on:2018-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:X SunFull Text:PDF
GTID:2416330596489440Subject:Law
Abstract/Summary:PDF Full Text Request
The already effective Convention on the Protection of Underwater Cultural Heritage(hereinafter referred to as "the Convention")is one of the conventions made by UNESCO to protect cultural heritage.It is the crystallization of the international efforts to protect the underwater cultural heritage over the years representing the latest development of international legal field of underwater cultural heritage.Moreover,it is new development of maritime international law.As the world's first international legal framework for the protection of underwater cultural heritage,the Convention is consistent with the United Nations Convention on the Law of the Sea on the concrete system design,putting forward some effective measures for the protection of the underwater cultural heritage in the contiguous zone,the exclusive economic zone and the continental shelf of coastal countries.However,on general principle,the Convention is not blindly inherit the United Nations Convention on the Law of the Sea or regional treaties like the 1985 European Convention for the Protection of Underwater Cultural Heritage(Draft).TheConvention not only reiterates the existing principle,but also introduces the new principles according to the particularity of the underwater cultural heritage protection activities,aiming at establishing a new international preservation mechanism.These principles throughout the Convention guide the contracting parties to follow specific objectives for the protection of underwater cultural heritage.As a maritime country,China has countless underwater cultural heritage in coastal and other sea eras,but there's no clear statement of basic principles of the protection of underwater cultural heritage in the existing laws or regulations.Therefore,It is of great significance to fully understand and learn from the general principles of the Convention by which means China's relevant legislation can be improved.Additionally,relevant legislation activity and the maintaince of the marine rights and interests could benefit from learning and practicing the general principles of the Convention.This article will interpret the general principles laid down in the Convention by analyzing the connotation of these principles combined with specific systems and according to the current legislation in China,this article will put forward some ideas and approaches to improve related domestic law by drawing on the general principles of the Convention.
Keywords/Search Tags:Convention on the Protection of Underwater Cultural Heritage, principles, domestic law, application
PDF Full Text Request
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