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 381

ce annexed to General Assembly Resolution 67/78: Summary of proceedings prepared by the Co-Chairs
of the Working Group. Doc. A.AC/276/6 of 10 June 2013.
United Nations General Assembly (UNGA) (2012). Resolution 66/288 of 11 September 2012.
Notes
1 A number of considerations made in this paper are based, with the necessary updating, on Scovazzi
( 2001 ) .
2 The first relevant judgment was rendered by the International Court of Justice on 20 February 1969 in
the North Sea Continental Shelf cases ( Federal Republic of Germany v. Denmark ; Federal Republic of
Germany v. Netherlands ). The last one is the judgment by the same court of 27 January 2014 on the
Maritime Dispute between Peru and Chile.
3 'All objects of an archaeological and historical nature found in the Area shall be preserved or disposed
of for the benefit of mankind as a whole, particular regard being paid to the preferential rights of the State
or country of origin, or the State of cultural origin, or the State of historical and archaeological origin.'
4 '1. States have the duty to protect objects of an archaeological and historical nature found at sea and
shall co-operate for this purpose. 2. In order to control traffic in such objects, the coastal State may, in ap-
plying article 33 [= the contiguous zone], presume that their removal from the sea-bed in the zone re-
ferred to in that article without its approval would result in an infringement within its territory or territori-
al sea of the laws and regulations referred to in that article [= customs, fiscal, immigration or sanitary
laws and regulations]. 3. Nothing in this article affects the rights of identifiable owners, the law of salvage
and other rules of admiralty, or laws and practices with respect to cultural exchanges. 4. This article is
without prejudice to other international agreements and rules of international law regarding the protection
of objects of an archaeological and historical nature.'
5 'Any activity relating to underwater cultural heritage to which this Convention applies shall not be sub-
ject to the law of salvage or law of finds, unless it: (a) is authorized by the competent authorities, and (b)
is in full conformity with this Convention, and (c) ensures that any recovery of the underwater cultural
heritage achieves its maximum protection' (Art. 4).
6 'Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under interna-
tional law, including the United Nations Convention on the Law of the Sea. This Convention shall be in-
terpreted and applied in the context of and in a manner consistent with international law, including the
United Nations Convention on the Law of the Sea' (Art. 3 CPUCH).