ABSTRACT

In November 1995 a draft resolution was presented to the 28th General Conference of UNESCO which, among other matters, dealt with the organisation's future activities in the field of the underwater cultural heri­ tage.1 In conjunction with this resolution, the text of a draft Convention for the Protection of the Underwater Cultural Heritage prepared by the International Law Association (ILA) was presented to the General Con­ ference as the possible basis for a new international convention on the subject.2 Annexed to this draft Convention text was the Charter for the Protection and Management of the Underwater Cultural Heritage pre­ pared by the International Council of Monuments and Sites (ICOMOS)3 to accompany the ILA draft Convention and serve as a set of criteria of good practice to be applied by States parties to the Convention. The Gen­ eral Conference adopted the draft resolution without any change and this therefore forms the basis for future deliberations within UNESCO over this issue, the question whether to draft an international convention on the basis of the ILA draft text having been a central part of the deliber­ ations. Subsequent to the adoption of the resolution, meetings have been held between UNESCO and various bodies with an interest in the issue (such as the International Maritime Organisation and the International Oceanographic Commission as well as the UN Law of the Sea office). Fol­ lowing these consultations, it was agreed to hold a joint meeting of rep­ resentatives of these organisations with chosen experts in order to examine the ILA draft Convention along with any other material relevant to a new legal instrument for the protection of the underwater cultural heritage. This meeting was held in Paris on 22 to 24 May 1996 and the report of that meeting is currently being prepared by the UNESCO Sec­ retariat for circulation to UNESCO member States.4 The Chairman of the

ILA Cultural Heritage Committee, O ’Keefe, feels that the balance of probability is that there will be a convention.5