The underwater cultural heritage: a comparative analysis of international perspectives, laws and methods of management

This dissertation investigates the underwater cultural heritage from a multidisciplinary approach, sustained by argumentative reflections, comparative analysis and problem solving techniques in a combination of theoretical, legal and managerial perspectives. The main purpose is to provide a complete, dynamic and innovative framework of analysis that may also serve as a guide for implementation. Specifically, the research aims to accomplish three tasks: first, to elucidate for the complexity of transforming divergent interests into converging opportunities; second, to provide a comprehensive key for interpreting the contradictory views manifested in the international legal scenario; and, third, to compare benefits and limits of the most sensible methods of management of the underwater cultural heritage. This research begins exploring the existing theoretical framework in order to identify, explain and organize the basic variables of underwater cultural heritage management into an advanced conceptual model. This framework recognizes the hierarchical pyramid of interests and the necessity to strike the right balance among them in order to provide a long-term sustainable management. The second part of the research considers the current international legal context and the issues related to its implementation. Positively, despite an excessive use of “constructive ambiguities”, the entrance into force of the 2001 UNESCO Convention has significantly strengthened the protection of the underwater cultural heritage. Negatively, several factors thwart the harmonization of this framework: the structural incompatibility between this Convention and the salvage regime, the different and ambivalent approaches of states toward this heritage, the unsolved doubts about the legal value of title and sovereign immunity on ancient sunken state vessels, and the conflicting professional ethical view of archaeologists and historic salvage companies. In the final part, this work evaluates and compares the main methods for the management of underwater cultural heritage (museums “on-land”, underwater museums, underwater archaeological parks, restricted access sites, reburial or covering sites, and unmanaged sites). Two related conclusions emerge: first, the absence of a “perfect method”; second, the necessity to understand in which specific circumstances the adoption of each method is more appropriate and efficient