The Study on the Development of Underwater Archaeology and the Legal Protection of Underwater Cultural Heritage / 水下考古活動發展與水下文化遺產保護法制之研究

碩士 / 國立海洋大學 / 海洋法律研究所 / 91 / All of the cultural heritage submerged under water and the
underwater sites of humankind are the valuable treasures of civilization. In addition to the field of traditional archaeology on land , many historical shipwrecks in marine peril and underwater sites need to be researched by archaeologists or people. Underwater Archaeology is a part of
Archaeology . In addition to the basic archaeological training , it also depends and combines all the marine science, underwater technology, on maritime history, … etc. Due to successful combination of the above professional technologies , it is just right time to research Underwater Archaeology now , or maybe we can say “ The generation of underwater archaeological researching is coming with all the professional techniques.”However , in the meanwhile , many illicit underwater activities for money, such as illegal recovery of the underwater cultural objects or submarine antiquities , also result from the progress of these technologies , and these
activities will destroy the precious maritime cultural property step by step .Therefore , it is very important and urgent to conserve and protect our underwater cultural heritage efficiently.
Due to the enlightenment of the exhibition , “United Nations Year for Cultural Heritage” ,the year for cultural property and other researching about relevant activities, I got an ideal to do a further study in this topic after the adoption of “UNESCO Convention on the Protection of the Underwater Cultural Heritage , 2001”. After my study during this
period , I thought that if we want to get a better legal regime on the protection of Underwater Cultural Heritage , it is necessary to regard something in particularly, such as : the provisions about the competent authority and its power , the clear definition about the term “Underwater Cultural Heritage” , the claim “antiquities’ ownership belonged to the government” about submarine antiquities’ found within territory and jurisdiction areas , the claim “preferential rights” about submarine antiquities found beyond territory and jurisdiction areas, international co-operation & exchange , the provisions about the sovereign immunity of sunken States vessels & aircrafts , the principles of protection and
management in situ & prohibition from commercially exploitation , the establishment of reward principles for discoverers , salvors & assistants , the provisions about excavation , exploration ,conservation , restoration ,
exhibition ,research , promotion , tourism ,education on the topic of underwater cultural heritage , the provisions about underwater sanctuary , protected area ,maritime cultural museum & underwater park , the principles of prohibition from illegal trade and other illicit activities , the relationship to the Law of Salvage & the Law of Finds, the relationship & connection with the other Conventions , penalty & punishment … , and so on .

Identiferoai:union.ndltd.org:TW/091NTOU0273015
Date January 2003
CreatorsVangelis Lin, 藺明忠
ContributorsI-shan Lin, 林一山
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format288

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