Buenos Aires Draft Convention on the Protection of the Underwater Cultural Heritage

Article 14: Education

Each State Party shall endeavour by educational means to create and develop
in the public mind a realization of the value of the underwater cultural
heritage as well as the threat to this heritage posed by violations of this
Convention and non-compliance with the Charter.

Commentary

Educational means includes formal training but also many other activities,
for example, promotion of exhibitions that feature recovered underwater
cultural heritage. Other educational activities might include production of
leaflets, provision of background material to journalists, and sponsorship
of essay competitions among students. It is necessary to combat the
characterization of looters as adventurous, colorful persons and
archaeologists as dull academics, also the notion that archaeologists are
trying to keep everything for themselves while looters are endeavouring to
bring beautiful things to the world. Looters must be held up for what they
are: destroyers of our past.

Article 15: Revision of the Charter

Revisions in the Charter by the International Council for Monuments and
Sites shall be deemed to be revisions in the annexed Charter, binding on
States Party except for those State Parties that notify their non-acceptance
to the Director-General of the United Nations Educational, Scientific and
Cultural Organization within six months after the effective date of a
revision. Unesco shall inform the States Party of such revisions prior to
the effective date of the revision.

Commentary

The criteria of the Charter should evolve as the discipline of archaeology
develops and technology changes, but it would not be desirable to subject
any Charter amendment to the procedure for amending the Convention.
Consequently, this Article establishes, more efficiently, that revision by
ICOMOS of its Charter is deemed to be a revision in the annexed Charter that
is binding on States Party, subject to specific objections. Activities
affecting the underwater cultural heritage will be judged against the
version of the Charter existing at the time a particular activity occurred.

Article 16: Dispute Resolution

1. States, on becoming Parties to this Convention, undertake to establish
an internal procedure or procedures for resolving disputes concerning
whether an activity resulting in excavation or retrieval of the underwater
cultural heritage did or did not comply with the Charter.

2. Any dispute between two or more States Party concerning the
interpretation or application of the present Convention that is not settled
by negotiation shall, at the request of one of them, be submitted to
arbitration. If, within six months from the date of the request for
arbitration, the States Party are unable to agree on the organization of the
arbitration, any one of those States Party may refer the dispute to the
International Court of Justice , or a special chamber thereof, by a request
in conformity with the Statute of the Court.

Commentary

Disputes about whether excavation or retrieval of material was done in
accordance with the Charter require both domestic and international
procedures for their resolution. Article 16(1) does not mandate a court
proceeding. Rather, it is left to each State Party to determine how disputes
should be resolved in accordance with its own practice.

Article 17: Official Languages

This Convention is drawn up in Arabic, Chinese, English, French, Russian and
Spanish, the six texts being equally authoritative.

Article 18: Ratification or Acceptance

1. This Convention shall be subject to ratification or acceptance by
States Members of the United Nations Educational, Scientific and
Cultural Organization, in accordance with their respective
constitutional procedures.

2. The instruments of ratification or acceptance shall be deposited with
the Director-General of the United Nations Educational, Scientific
and Cultural Organization.

Article 19: Applicability to Territorial Units

1. If a State Party has two or more territorial units in which different
systems of law are applicable in relation to the matters dealt with
in this Convention, it may, at the time of ratification, acceptance,
approval or accession, declare that this Convention is to extend to
all its territorial units or only to one or more of them, and may
substitute its declaration by another declaration at any time.

2. These declarations are to be notified to the depository and are to
state expressly the territorial units to which the Convention
extends.

Article 20: Reservations, Understandings and Declarations

1. The Director-General of the United Nations Educational, Scientific
and Cultural Organization shall receive and circulate to all States
Party the text of reservations, understandings and declarations made
by States at the time of ratification or accession.

2. A reservation incompatible with the objects and purposes of the
present Convention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to that
effect addressed to the Director-General of the United Nations
Educational, Scientific and Cultural Organization, who shall then
inform all States. Such notification shall take effect on the date on
which it is received by the Director-General of the United Nations
Educational, Scientific and Cultural Organization.

Article 21: Accession by Nonmember States

1. This Convention shall be open to accession by all States not Members
of the United Nations Educational Scientific and Cultural
Organization.

2. Accession shall be effected by the deposit of an instrument of
accession with the Director-General of the United Nations
Educational, Scientific and Cultural Organization.

Article 22: Entry into Force

This Convention shall enter into force three months after the date of the
deposit of the tenth instrument of ratification, acceptance or accession,
but only with respect to those States which have deposited their respective
instruments of ratification, acceptance or accession on or before that
date. It shall enter into force with respect to any other State three
months after the deposit of its instrument of ratification, acceptance or
accession.

Article 23: Denunciations

1. Each State Party to this Convention may denounce the Convention.

2. The denunciation shall be notified by an instrument in writing,
deposited with the Director-General of the United Nations
Educational, Scientific and Cultural Organization.

3. The denunciation shall take effect six months after notification.

Author: international

Mentioned in these Entries

Buenos Aires Draft Convention on the Protection of the Underwater Cultural Heritage, Education, International Court of Justice, Treaties, United Nations Convention on the Law of the Sea, country.