An International Perspective on Sunken State Vessels as Underwater Cultural Heritage

Forrest, Craig

doi:10.1080/00908320390154583

Cited by 15 publications

(9 citation statements)

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“…Perth had experienced very little legal or regulatory protection in the decades it had spent underwater. As an Australian warship that had not been captured, expressly abandoned, or surrendered, Perth was—despite the ambiguous legal status of sunken state-owned vessels (Forrest 2003 )—generally assumed to be the property of the Australian government. Had it sunk in Australian territorial waters, Perth could have been declared a historic shipwreck with an associated protected zone just as its sister ship, HMAS Sydney (II), had been upon discovery in 2008 (Mearns 2009 ).…”

Section: Slow Steps Toward Collaborationmentioning

confidence: 99%

Too Little, Too Late? Redefining the Legacy of HMAS Perth (I), an Australian Warship Sunk in Indonesian Waters

Pearson

2023

Hist Arch

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Australian warship HMAS Perth (I) was sunk during the Battle of the Sunda Strait in 1942, claiming the lives of 353 men. It was not until 2017 that Indonesian and Australian authorities conducted a joint archaeological survey of the site. They found that Perth had been salvaged on an industrial scale, with less than 40% of the vessel remaining. The discovery devastated those with an emotional connection to Perth, and, following strong Australian government advocacy, informed Indonesia’s decision to establish a maritime conservation zone, the nation’s first, around the site. Although the 80 years since Perth sank have been characterized by a lack of official engagement, this article proposes that the recent destruction of Perth is not the end, but the beginning, of a new era of bilateral cooperation, founded on the recognition that the wreck has historical significance for Australia as well as potential benefits for local communities in Indonesia.

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Section: Slow Steps Toward Collaborationmentioning

confidence: 99%

Too Little, Too Late? Redefining the Legacy of HMAS Perth (I), an Australian Warship Sunk in Indonesian Waters

Pearson

2023

Hist Arch

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“…The presence of sunken military vessels within territorial seas raises a complex legal issue that revolves around uncertainties regarding their status as warships and their engagement in military operations during their sinking. Moreover, the differing interpretations of international law by flag and coastal states add further complexity to this matter [19]. To gain a thorough comprehension of the sovereignty rights of flag and coastal states, it is crucial to examine the legal entitlements of state vessels, particularly warships, within the framework of international law, encompassing aspects such as ocean division and boundary status.…”

Section: Legal Status and Immunity Of Sunken Military Vesselsmentioning

confidence: 99%

“…While sunken warships are still considered property, they no longer fall under the command of a duly commissioned officer and are unable to navigate. Consequently, some argue that they may not be classified as "warships" and are thus no longer subject to the international regime [19,22]. As a result, the legal status of sunken military vessels remains uncertain, leading to ongoing discussions and disagreements.…”

Section: Legal Status and Immunity Of Sunken Military Vesselsmentioning

confidence: 99%

Preserving Sunken Military Vessels as Underwater Cultural Heritage in Colombia: Legal Challenges and Prospects for the USS Kearsarge Wreck Site

Gomez Pretel,

Jeong,

Rodríguez-Gutiérrez

et al. 2023

Heritage

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This study examines the legal challenges related to preserving sunken military vessels as Underwater Cultural Heritage (UCH) in Colombia. These challenges include Spanish galleon shipwrecks, limited international cooperation, and the lack of legal recognition for sunken military vessels under domestic law (Law 1675 of 2013). To address these issues, this article reviews the concepts of warship and sovereign immunity as they relate to the status of sunken military vessels. The study places a particular focus on the USS Kearsarge, a military shipwreck in Colombian territorial waters protected by the Sunken Military Craft Act of 2004 (SMCA) of the United States. Additionally, it analyzes the legal frameworks and management of UCH in both Colombia and the United States, as well as providing two lists of Colombia’s sunken military vessels and foreign sunken military vessels in its waters. The research concludes by highlighting the complexities of managing UCH in Colombia and offering a prospectus on the future of the USS Kearsarge wreck site as shared heritage. Ultimately, this study underscores the need for a more comprehensive legal framework and greater international cooperation to ensure the preservation and protection of sunken military vessels in Colombia.

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“…To sum up, the provisions of the current Regulations are neither conducive to preserving underwater cultural heritage, nor can they promote the orderly development of Sino-foreign cooperation, and are urgently needed to be perfected. In addition, for now, researches on the legal protection of underwater cultural heritage by Chinese scholars mostly focus on discussion on general principles such as ownership or 'in situ conservation', and largely ignoring specific provisions (Forrest, 2003).…”

Section: Weaknessesmentioning

confidence: 99%

Should China access to the convention on the protection of underwater cultural heritage? — A SWOT analysis

Wei

2022

Front. Mar. Sci.

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In recent years, with China’s marine strength having enhanced, the discussion on whether to access to the ‘Convention on the Protection of Underwater Cultural Heritage’ has become increasingly prominent. A growing number of experts and scholars believe that the current domestic laws cannot meet the needs of development; thus accession to the ‘Convention’ may after all be accepted as a solution. Given the current development in China, it cannot be generalized whether it is appropriate to access to the ‘Convention’. Indeed, based on the analysis of comparison between status quo of domestic legislation and international marine development, there is no necessity for China to eagerly access to the ‘Convention’, in that for many issues, the domestic laws in China have many differences with international law, and still need further development and improvement.

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An International Perspective on Sunken State Vessels as Underwater Cultural Heritage

Cited by 15 publications

References 0 publications

Too Little, Too Late? Redefining the Legacy of HMAS Perth (I), an Australian Warship Sunk in Indonesian Waters

Too Little, Too Late? Redefining the Legacy of HMAS Perth (I), an Australian Warship Sunk in Indonesian Waters

Preserving Sunken Military Vessels as Underwater Cultural Heritage in Colombia: Legal Challenges and Prospects for the USS Kearsarge Wreck Site

Should China access to the convention on the protection of underwater cultural heritage? — A SWOT analysis

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