The assumption that the United Nations Convention on the Law of the Sea is the legal framework for all activities taking place in the sea - Ocean Sustainability in the 21st Century - page 367

tional, Scientific and Cultural Organization), builds on the assumptions contained in Art.
149 UNCLOS and basically aims at preventing the risk of a freedom of fishing regime
arising from Art. 303, para. 3, UNCLOS. It provides in general that states parties are bound
to 'preserve underwater cultural heritage for the benefit of humanity' (Art. 2, para. 3) and
that 'underwater cultural heritage shall not be commercially exploited' (Art. 2, para. 7).
Although it does not totally ban the law of admiralty, including law of salvage and law of
finds,theCPUCHregimehasthepracticaleffectofpreventingalloftheundesirableeffects
of the application of these kinds of rules. 5 As regards the heritage found in the continental
shelf, the CPUCH sets forth a procedural mechanism which involves the participation of
the states having a verifiable link to the heritage. It is based on a three-step procedure (re-
porting, consultations, urgent measures).
The CPUCH entered into force on 2 January 2009. While stating that the UNCLOS is
not prejudiced, 6 in fact the CPUCH tries to bring a remedy to a very questionable aspect
of the former. Sadly though, it appears that the sensible message coming from the CPUCH
has not yet been fully appreciated, as it is today (May 2014) binding on only 46 states.