International law
How international law governs the protection of submerged cultural heritage in disputed maritime zones and responsibilities.
This evergreen exploration delves into how international law safeguards submerged cultural heritage amid contested seas, detailing responsibilities, mechanisms, protections, enforcement challenges, and pathways to cooperation among states and civil society.
July 15, 2025 - 3 min Read
In the shadowy depths of the world’s oceans lie submerged cultural assets that carry the memory of civilizations, trade networks, and maritime ingenuity. International law treats these remains not as mere wreckage, but as part of humanity’s shared heritage, deserving preservation and responsible study. Jurisdiction becomes a central puzzle when disputes over maritime zones arise, because control over shipwrecks, ancient harbors, or submerged temples can shift with territorial claims. Yet a resilient framework exists to balance national interests with preservation goals. The principle of common heritage guides many regimes, while specific treaties assign duties to protect, record, and respect states’ duties toward sites that predate current borders.
At the core of protection is the notion that submerged cultural heritage should be safeguarded for present and future generations. International instruments shape both access and stewardship, encouraging states to cooperate rather than exploit. Even in contested zones, the law emphasizes preservation, documentation, and research that avoid unnecessary disturbance. States are urged to conduct archaeological work transparently, publish findings, and share information with scholarly and international communities. The legal landscape blends customary norms with treaty obligations, creating a robust yet flexible approach. As disputes unfold, nations can leverage these norms to reduce damage, maintain communication channels, and build mutual confidence through joint expeditions and impartial assessments.
Regional cooperation and customary practice buttress universal protections.
One major anchor is the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage, which reframes wrecks as a universal concern rather than sovereign booty. It invites states to adopt laws that prevent harmful salvage operations, encourage systematic documentation, and ensure that archaeological finds are treated with care. Although the convention is not universally ratified, its principles influence national policies in many regions. In disputed waters, this influence presses governments to consider a shared heritage approach, seeking lawful means to respect each party’s interests while prioritizing preservation. This fosters a culture of alternatives to unilateral exploitation, such as collaborative digs and independent expert evaluations.
Complementing UNESCO, regional agreements and customary practice fill gaps where treaty coverage is incomplete. States often rely on maritime boundary arrangements, confidence-building measures, and consultative mechanisms designed to avert escalations that could damage submerged sites. In practice, this means creating joint inventory registers, agreeing on temporary moratoria, and coordinating rescue archaeology when wrecks threaten due to weather, looting, or development. The result is a pragmatic, step-by-step system that reduces the likelihood of irreversible harm. Even in disputed zones, the law emphasizes proportionality and necessity, ensuring actions taken at sea are measured, justified, and reversible whenever possible.
Balancing access, sovereignty, and preservation in contested seas.
The responsibilities of states extend beyond mere abstention from harmful activities. They must actively facilitate research that advances knowledge while guarding against acts of destruction that erase cultural memory. This includes preserving underwater cultural landscapes, safeguarding artifacts in situ when appropriate, and ensuring that salvaged items are curated under professional standards. States are also tasked with education and outreach—informing maritime operators, divers, and local communities about the value of submerged heritage and the legal consequences of violations. By embedding such duties in national law, governments turn treaty ideals into tangible protection on the water’s edge and beneath it.
At the same time, the rights of other nations to study and learn from submerged heritage require careful balancing. Scientific access must be weighed against sovereignty concerns and the practicalities of enforcement in remote or disputed waters. International law encourages transparent sharing of data, open publication of discoveries, and the participation of recognized research institutions. Where disputes complicate access, independent expert panels or neutral observers can help adjudicate contested findings, ensuring that evidence-based conclusions guide decisions about conservation and potential restitution or repatriation of artifacts. This approach underlines law’s adaptive capacity in tense maritime environments.
Non-state participation strengthens stewardship and legitimacy.
The challenge of enforcement remains a recurrent theme in submerged-heritage protection. Law alone cannot forestall illegal salvaging, looting, or destructive sampling without robust enforcement mechanisms. Penalties, sanctions, and mutually recognized penalties across jurisdictions help deter violations. Yet enforcement is most effective when supported by practical tools, such as vessel tracking, customary salvage licenses, and shared command-and-control procedures for rescue operations. international cooperation—through information exchanges, joint patrols, and mutual legal assistance—produces a practical ecosystem that supports both discovery and preservation. When states collaborate, they can not only deter harm but also coordinate rapid responses to emerging threats to submerged sites.
Another vital aspect is the engagement of non-state actors, including archaeologists, museums, and civil society organizations. These groups can act as watchdogs, partners in excavation plans, and guardians of public awareness. Their involvement helps translate abstract legal norms into concrete protections. By collaborating with local communities, indigenous groups, and educational institutions, states expand the circle of stewardship beyond government agencies. This inclusive approach fosters sustainable care for underwater cultural heritage while building legitimacy for enforcement measures. When communities feel a shared ownership of submerged relics, compliance improves and cultural memory is safeguarded through everyday practices and responsible tourism.
Precaution, documentation, and shared stewardship drive sustainable policy.
In disputed zones, landmark cases often illustrate how international law shapes practical outcomes. Courts and arbitral panels analyze claims by considering historical usage, provenances of wrecks, and the archaeology surrounding sites. The process emphasizes evidence collection, non-controversial excavations, and avoidance of overbearing claims that could provoke escalation. Decisions frequently encourage the parties to pursue joint management arrangements or bilateral guarantees that protect sites while allowing limited, well-regulated access. These judicial or quasi-judicial outcomes reinforce the message that heritage protection can coexist with political complexity, offering a pathway to reduce tensions while honoring shared human pasts.
Beyond dispute resolution, there is a normative shift toward precautionary management. States increasingly adopt risk-based frameworks that prioritize the integrity of underwater remains when decisions about maritime activity are made. This includes environmental impact assessments tailored to submerged resources, careful consideration of salvage proposals, and the use of non-destructive technologies like photogrammetry and remote sensing. The resulting policies emphasize documentation, location mapping, and the digital preservation of inventories. By investing in early, preventive measures, governments minimize the chance of irreversible losses even amid ongoing maritime disagreements.
The broader international community has a stake in promoting enduring norms that transcend individual disputes. Multilateral forums, academic consortia, and intergovernmental organizations can harmonize standards for treatment, discovery, and reporting of submerged heritage. Standardized procedures for site assessment, artifact handling, and repatriation criteria assist countries facing different domestic laws. When these norms are widely adopted, the risk of inconsistent protections drops, and the potential for illicit markets to exploit confusion decreases. The global consensus strengthens accountability and invites participation from nations at different stages of development, enabling a more inclusive and resilient protection regime for underwater cultural heritage.
Ultimately, the protection of submerged cultural heritage in disputed maritime zones rests on a blend of legal clarity, cooperative spirit, and practical vigilance. The law provides a scaffold—a framework of duties, rights, and procedures—that supports preservation even when borders are unsettled. The real test lies in how states translate these principles into concrete protections, how they fund archaeology and monitoring, and how they engage with communities that cherish these underwater legacies. When nations uphold shared responsibilities with integrity and transparency, submerged sites become anchors of memory rather than flashpoints of conflict, guiding peaceful coexistence through shared stewardship.
