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| 1 |
ID:
142117
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| Summary/Abstract |
This paper explores the protection of non-indigenous human remains under cultural heritage law. By comparing the law for land-based cultural heritage and the law for underwater cultural heritage (UCH), and contrasting the law for dead human bodies and cultural heritage law, it proposes that the law for land-based cultural heritage should draw insights from the law for UCH, which generally distinguishes human remains from other cultural properties and protects the remains regardless whether they are indigenous or not. Before the law for land-based cultural heritage embraces the full protection of human remains regardless of their provenance, the law for dead human bodies may extend protection to ancient corpses that are well preserved, maintain a clear record of life history, are worshiped or protected continuously by later generations, and have become an indispensible part of their spiritual or moral life. These bodies, even if they died hundreds or thousands of years ago, do not lose their human dignity in the eyes of later generations and should be treated as cultural property for personhood.
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| 2 |
ID:
118013
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| Publication |
2013.
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| Summary/Abstract |
The RMS Titanic struck an iceberg and sank 14-15 April 1912. This article summarizes some of the legal implications of the 100th anniversary of its sinking, as the Titanic becomes subject to the provisions of the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Protection of Underwater Cultural Heritage. This article also discusses the implications of the application of the 1982 United Nations Convention on the Law of the Sea and the rather unique development under the law of salvage through orders of the U.S. court sitting in admiralty that prohibit the exclusive salvors in possession of the Titanic, RMS Titanic, Inc. and Premier Exhibitions, Inc. (RMST/PE) from selling individual artifacts and instead require that RMST/PE keep the collection of artifacts salvaged from the Titanic together as an intact collection for the public benefit. Finally, the article discusses the need for general legislation to protect the Titanic and other underwater cultural heritage from looting and unwanted salvage.
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| 3 |
ID:
175161
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| Summary/Abstract |
Due to unsolved maritime delimitations, the protection of underwater cultural heritage (hereafter underwater heritage) in the South China Sea demands coordinated action by neighbouring states. However, the suspicion that China uses underwater heritage to justify its interests has tempered the general enthusiasm of its neighbours to cooperate in the issue of heritage protection. In the face of such concerns, this article examines the role of underwater heritage in China’s South China Sea claims, and it argues that underwater heritage provides little support to underpin China’s territorial or maritime claims. In addition, China’s initiatives in maritime archaeology have long been misinterpreted. Instead of being entirely driven by its South China Sea claims, China’s approach to underwater heritage is a natural result of its general policy on cultural heritage and nation-building philosophy.
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