Historical context of the 2001 Convention
Despite the great historical and cultural importance of underwater cultural heritage, adequate legal protection is often lacking.
This is because even the most protective national legislation is not entirely sufficient to effectively safeguard underwater cultural heritage, given its specific nature and location. Only the territorial sea falls under the exclusive national jurisdiction of a single State. However, in most cases, the jurisdiction of States is very limited.
On the high seas, there is no other State jurisdiction than that which applies to vessels and nationals of a State. Recognizing the urgent need for an international legal instrument to regulate and coordinate the protection of underwater archaeological sites and to encourage cooperation between States, the Convention was adopted at the General Conference in 2001. This international agreement specifically dedicated to the protection of underwater cultural heritage, recognizes it as part of the cultural heritage of humanity. Offering a legislative framework for protection and cooperation between its States Parties, the 2001 Convention is complementary to the 1982 , and the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.