ABSTRACT
This chapter outlines the procedures related to the formation, management and preservation of cultural heritage and present the case studies in which these issues have arisen. It will also consider the extent to which existent legislation is adequate to address any concerns regarding the controversies. The chapter will explain the main focus of the book, which is that although the law is a key mechanism for the protection of underwater cultural heritage that maintains accepted principles and ethics, the objective that the law targets (treasure hunters) is a relatively minor risk compared with the legal threats that the law obviates. Furthermore, legal mechanisms fail to legislate on new values as the drafting process is slower than the breakthroughs in the field of cultural heritage studies. While the black and white matters are well defined and protected, the grey areas that the law does not specifically cover can be interpreted as leading to the loss of underwater cultural heritage. Consequently, the chapter will conclude that the legislation should serve as a guideline on the protection instead of being a decisive instrument.
