ABSTRACT

Shipwrecks, the main constituents of the underwater cultural heritage, have the potential to give rise to significant conflicts of interest. The most obvious tension is between the interests of archaeologists on the one hand and those of salvors on the other, which arises from the juxtaposition of archaeological and commercial value that may be found in wrecks. One of the fundamental tenets of archaeology – that remains should be preserved in situ wherever possible – clearly conflicts with the purpose of salvage work, which is to recover property of value and return it to commercial use. There are other groups too who have interests in the underwater cultural heritage which may not be compatible.1 The general public as a whole has an interest in access to its heritage; sport divers will be interested in access to sites for purposes of recreation and possibly to collect souvenirs; insurers and other parties may claim ownership rights to a valuable cargo or other artefacts; and States may well assert some form of interest, which may not necessarily be motivated by a desire to protect the cultural value of the remains.