The State Coordination System

• Heritage for sale © UNESCO/U. Koschtial

The 2001 Convention contains detailed and practical provisions for an international cooperation scheme for its State Parties.

It does therewith find a solution in order to protect underwater cultural heritage in all maritime zones while nevertheless fully respecting already existing international law, including the 1982 United Nations Convention on the Law of the Sea.

The International Cooperation Scheme for Sites located in the EEZ, on the Continental Shelf and in the Area*:

General remarks:

• The State Cooperation System does not change State jurisdiction or sovereignty rights.
• The 2001 Convention does also not regulate the ownership of the concerned cultural property.

In the Exclusive Economic Zone, on the Continental Shelf and in the Area States have only a very limited jurisdiction and sovereignty. In the Area (i.e. the sea bed outside national jurisdiction) they even have no other State jurisdiction than that over their own vessels and nationals.

Respecting this, the 2001 Convention establishes therefore provisions for an international cooperation scheme for sites located on the seabed seawards from the Territorial Sea of a State Party.

Main Achievements and Basic Features:

• Each State Party will adopt domestic legislation to ensure that its own nationals and vessels do not engage in any activity directed at underwater cultural heritage in a manner not in conformity with the 2001 Convention;
  
• Each State Party will require its nationals and vessels to report discoveries and activities concerning underwater cultural heritage located in the Exclusive Economic Zone, on the Continental Shelf and in the Area and inform the other States Parties accordingly;
  
• If no State has jurisdiction over the location of the concerned archaeological site (beside jurisdiction over its own nationals and vessels) a “Coordinating State” takes over the control of the site, coordinating the cooperation and consultation among States Parties and implementing their decisions, while acting on behalf of the States Parties and not in its own interest;
  
• States Parties will take measures to prevent the dealing in underwater cultural heritage illicitly exported and/or recovered and seize it, if it is found in their territory.

However: No obligatory and detailed reporting or coordination scheme is foreseen for the Zone of a Territorial Sea, as those waters fall within exclusive State jurisdiction. States Parties should however cooperate with each other according to Article 2.2 of the Convention.

*The 2001 Convention does not change the limitations of maritime zones (the existing ones apply mutatis mutandis as regulated by international law).