Principles of the 2001 Convention

Last update:20 August 2024

The Convention gives a key role to the preservation of underwater heritage and the natural context in which it is found. Sustainable development and the preservation of our heritage and our oceans are intrinsically linked and are fundamental issues. Understanding and conserving underwater cultural heritage, which is particularly vulnerable, helps us understand climate change, sea level rise and the cultural exchanges that have shaped our history and that of the oceans. It also helps to encourage technological and scientific progress.


The principles set out by the Convention are: 

Obligation to preserve underwater cultural heritage

States Parties shall preserve underwater cultural heritage for the benefit of humanity and take action accordingly (Article 2.3) The 2001 Convention underlines the importance of inventories in the protection of this heritage (Article 22), a key element of management plans, essential to know, protect, preserve and study all underwater cultural heritage found in a given territory or region. Similarly, the 2001 Convention requires that all human remains dumped in maritime waters be given due respect (Article 2.9).

In situ preservation as a preferred option (Article 2.5)

The in situ preservation of underwater cultural heritage (i.e. on the seabed) shall be considered as a first option before intrusive actions. The recovery of objects may be authorized for the purpose of making a significant contribution to the protection of or knowledge about underwater cultural heritage. Endangered artefacts that shall be researched or exhibited in a museum can thus be recovered under the 2001 Convention. 

 

The Convention contains obligations on the prevention of commercial exploitation, looting and trafficking of underwater cultural property, allowing the application of sanctions or seizures by States Parties. In particular, States Parties are obliged to take measures to :

  • Prevent the entry into their territory, trade or possession of an underwater cultural heritage object, if it has been exported and/or acquired illicitly, when its recovery has been carried out under conditions contrary to the Convention;
  • Prohibit the use of their territory by looters;
  • Control nationals and vessels and impose sanctions
  • Seize underwater cultural heritage in their territory when it has been recovered in a manner not in conformity with the Convention.

No commercial exploitation

In order to guarantee its protection, the underwater cultural heritage must not be commercially exploited for transaction or speculation purposes, nor must it be irretrievably dispersed.

Article 22 of the Convention, underlines the importance of the implementation of competent services by States Parties to protect underwater cultural heritage. The implementation of inventories in the management of this heritage is indispensable to know, protect, preserve and study the whole underwater cultural heritage found in a given territory or region.

Training and information sharing

States Parties should promote information sharing, training in underwater archaeology and related disciplines, technology transfer and public awareness raising concerning the significance of underwater cultural heritage.

No regulation of ownership or jurisdiction

The 2001 Convention does not regulate the ownership of objects or sites. Similarly, it does not interfere in any way with the delimitation of maritime zones.

International cooperation

The States Parties shall cooperate and assist each other in the protection and management of underwater cultural heritage, particularly when it concerns exploration, excavation, documentation, conservation and presentation.

Article 2.2 of the Convention encourages States Parties to cooperate in the protection of underwater cultural heritage. Article 19 specifies the modalities of this commitment by obliging States to assist each other and to share information to ensure the protection and management of underwater cultural heritage.

Rules 22 and 23 of the Annex concerning activities directed at underwater cultural heritage define more specifically the conditions of these activities.