How to ratify the 2001 Convention ?
The 2001 Convention does not automatically apply to all UNESCO Member States. It only applies to countries that declare themselves legally bound by it. They then become "parties" to the Convention.
In general, the steps for joining a convention are as follows:
- A political consideration of ratification at the national level;
- A national authorization process (by parliament or similar authority) to allow the executive branch of a State to declare the State's consent to be bound by the Convention; and
- The explicit expression of the State's consent to be bound by the convention at the international level.
The will and consent to be bound by the Convention are expressed in the form of ratification, acceptance, approval or accession (see Article 26 of the Convention). UNESCO is the depositary of these respective instruments.
A simple signature of the Convention or an exchange of instruments between the States concerned is not sufficient to become party to the Convention. UNESCO is the authority responsible for accepting instruments of ratification of the Convention, and only those instruments transmitted to UNESCO are legally effective.
In each case, consent to be bound by the 2001 Convention must be expressly declared in writing; verbal or implied acceptance by a State has no legal force.
There is a difference between the different instruments for joining the Convention: UNESCO Member States can ratify, accept or approve to join the 2001 Convention, while some non-Member States and territories can accede. Although the terms "ratification", "acceptance", "approval" and "accession" are different, their ultimate effect on international law is the same - the State becomes a State Party and is therefore bound by the Convention.
To date, the 2001 Convention has been ratified by 71 countries.
Benefits and on-call time
Ratification of the 2001 Convention includes the following benefits for States
Ratifying the 2001 Convention provides a State with the following benefits :
- The protection of underwater cultural heritage is brought to the same level as the protection of land-based sites.
The 2001 Convention contains basic principles that states should take into account in their efforts to protect sunken archaeological sites, for example by giving preference to in situ preservation or opposing commercial exploitation of the heritage. This will ensure that underwater cultural heritage is preserved in the same way as land-based sites in the long term.
- States Parties benefit from the cooperation of other States Parties.
The cooperation of States Parties among themselves and the common effort for the legal protection of the heritage will ensure that in the future wrecks and relics located outside the territorial seas of a State will also be protected. States also undertake to cooperate and assist each other in the protection and management of underwater cultural heritage and to exchange, as far as possible, relevant information. Such cooperation is of considerable benefit to States Parties, particularly in relation to capacity building.
- The 2001 Convention helps to protect heritage from looting.
States Parties undertake joint action against the illegal recovery of and trafficking in cultural property and have the possibility to assist each other by seizing underwater cultural heritage recovered in a manner not in conformity with the Convention in their territories.
- The 2001 Convention provides practical guidelines for the research of underwater cultural heritage.
The Annex to the 2001 Convention provides archaeologists and national authorities around the world with reliable guidelines on how to work on underwater cultural heritage sites and what to consider when doing so.
Furthermore, States Parties must comply with the Rules concerning activities directed at underwater cultural heritage, which are annexed to the Convention. They must respect its principles and adapt their national law accordingly.
Second, States will benefit from the regime of international cooperation for sunken archaeological sites outside the territorial sea. States parties are obliged to take legal measures for the protection of sunken sites from unwanted interference by their own vessels and nationals, to inform other states of discoveries and activities concerning such sites, and to cooperate in their protection. They will benefit reciprocally from the measures taken by other States Parties. This system will make it easier to take joint and effective action against treasure hunting and looting outside the national jurisdiction of a state.