Maritime Archaeology and Underwater Cultural Heritage in the Disputed South China Sea

Abstract

Abstract:China’s broad geopolitical strategy and positioning for global influence includes its averred legal position in relation to its sovereignty and jurisdiction in the South China Sea. A response to this legal position was the Philippines’ initiation of arbitral proceedings constituted under the United Nations Convention on the Law of the Sea. Despite the non-participation of China in these proceedings, the arbitral decision of 2016 clarified a number of legal provisions pertinent to the ongoing territorial and maritime disputes in the South China Sea. This decision impacted directly on China’s assertion of sovereign and jurisdictional historical title or rights, which, in part, relies on evidence obtained from underwater cultural heritage and the associated maritime archaeology. This article critically evaluates China’s maritime archaeology program and its policy with respect to underwater cultural heritage in light of the 2016 arbitral decision and the underlying international law of the sea. While recognizing that China’s policy is not inconsistent with its broader heritage policy, and its national approach to the protection of underwater cultural heritage, this article argues that this cannot be used to support China’s South China Sea claims and is not only misplaced, such as to pose a risk to the archaeological record, but also inconstant with international developments in the form of the 2001 United Nations Convention of the Protection of the Underwater Cultural Heritage.

Inventing the ‘Maritime Silk Road’

“…Friction in the South China Sea region was already evident in 2013 when the idea of the BRI was first proposed by Xi Jinping. A report in the Wall Street Journal dated 2 December 2013 quoted Liu Shuguang 劉曙光 (1958–) of China’s National Center of Underwater Cultural Heritage saying, ‘We want to find more evidence that can prove Chinese people went there and lived there, historical evidence that can help prove China is sovereign owner of the South China Sea’ (Perez-Alvaro and Forrest 2018: 376) 68 . As suggested by Duara’s concept of ‘regime of authenticity’, Liu’s comments reflect the pursuit of authenticity by asserting the ownership of cultural heritage for the purposes of claiming territorial sovereignty.…”

“…However, Elena Perez-Alvaro and Craig Forrest (2018: 393) argue that ‘this approach by the Chinese to underwater cultural heritage concentrates exclusively on Chinese heritage to the exclusion, and detriment, of other heritage in the South China Sea. More importantly, this exclusive focus naturally favours the search for, and investigation of, Chinese heritage, constituting evidence for its South China Sea claims, while excluding that which might favour other states’ claims’.…”

Constructing the Image of a New Leading State: Leveraging Chinese Underwater Archaeological Heritage Development and Protection for Heritage Diplomacy

“…China, with its rich cultural heritage, has actively engaged in heritage diplomacy. Underwater heritage, referring to submerged cultural and historical artifacts [1], has become significant, particularly with China's Belt and Road Initiative (BRI) highlighting underwater cultural resources in the South China Sea. Heritage diplomacy, promoting cultural exchange and understanding, can facilitate underwater heritage protection within the BRI context as heritage gains political significance.…”

Underwater cultural heritage and the disputed South China Sea

“… 6. Elena Perez-Alvaro and Craig Forrest, Maritime archaeology and underwater cultural heritage in the disputed South China Sea, International Journal of Cultural Property 25(3), 2018: 396; Nguyen Hong Thao, Is China’s Silk Road Initiative an interest in the East Sea?, VietNamNet Bridge , 9 September 2014, https://english.vietnamnet.vn/fms/special-reports/111436/is-china-s-silk-road-initiative-an-interest-in-the-east-sea-.html, accessed 23 November 2019; and Nguyen Ngoc Lan and Tran Hoang Yen, China wants to conserve even Vietnam’s heritage?, VietNamNet Bridge , 15 September 2014, http://english.vietnamnet.vn/fms/special-reports/111506/china-wants-to-conserve-even-vietnam-s-heritage-.html, accessed 23 November 2019. …”