The Enforcement of Underwater Cultural Heritage by Courts

International law has recently provided new rules concerning the protection of underwater cultural heritage. In particular, the 2001 UNESCO Convention establishes a regime that is aimed at preserving the cultural heritage as a common good that deserves to be protected in the interest of humankind as a whole. Nevertheless, domestic courts have so far disregarded the principles that are sanctioned by international law and, in particular, the 2001 UNESCO Convention. This is mainly due to the fact that, first, domestic courts are still linked to traditional rules such as the principle of State sovereignty and property rights. Secondly, the regime of the 2001 Convention is not easy to apply since its functioning requires the cooperation of all States. Thus, the general interest of preserving the underwater cultural heritage may most appropriately be ensured by domestic courts using international principles as interpreting criteria of national legislation.