The Titanic as an Educational Tool? The Protection of the Underwater Cultural Heritage Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity Dr. Peter Strasser, LL.M. Center for Architectural Heritage and Infrastructure Danube University Krems - Austria 5 /

At the bottom of the sea, you have to choose between science and money. Vincent Noce, Liberation Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

What‘s the problem? -money: -treasure hunters, -looting, -commercial salvage-operators, -efficient searching methods, -high demand from art-market Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

What‘s the problem? -science: -underwater heritage as a time capsular since its disapperance -marine archaeological heritage is a very specialised, complex and costly disciplin Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

The Situation: -12,542 vessels lost between 1824 and 1962 (according to the Dictionnary of Disasters) -Over 3 million estimated sunken ships -Port Royal (Jamaica) since the earthquake 1692 completely under water -Alexandria Lighthouse (Egypt), neolithic villages under the Black Sea -„maritime Pompeii“ near Pisa (I): 3rd-5th cent. B.C. and in Sardinia Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

The Situation: E.g. HMS Investigator: -Looking 1850 for the Franklin-Expedition (North-West-Passage) -After passing the passage, as confined by ice, ship abandoned on 3 July 1853, crew rescued -Found in July 2010 at Banks Island, Canada, 11 m under water Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

The Solution: Convention on the Protection of the Underwater Cultural Heritage – Paris, 2 Nov (in force since 2 Jan. 2009) Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

Content: -Definition of „UCH“ (Art. 1.1) -Underwater archaeological and prehistoric sites and structures -Vessels, aircrafts, submarines, cargo AND -More than 100 years under water NOT: -Pipelines and cables -„state vessels and aircrafts for non-commercial purposes“ (under certain circumstances) Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

Content: -What has to be done? -Preservation of-, access to UCH in situ as priority -To apply non-destructive techniques -No commercial exploitation of UCH -In general Law of Salvage and Law of Finds not applicable (with exceptions) -When working at UCH-sites avoid disturbance of human remains -Encourage international cooperation -Promotion of training and awareness-building for UCH Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

Content: -What has to be done? Specific reporting-, notification- and authorisation-procedures according to the location of UCH Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

Content: Specific reporting-, notification- and authorisation-procedures according to the location of UCH -Internal-, territorial- and archipelagic waters: no reporting- and coordination- scheme (Art. 7), however cooperation recommended -Contiguous zone: the States Parties „may“ regulate and authorize activities (Art. 8) -Exclusive economic zone, continental shelf, area: the States Parties „shall“ participate in the reporting- and notification scheme and protect UCH (Art. 9-12) Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage

Content: Voluntary Declaration as to Inland Waters -„When ratifying, accepting, approving or acceeding to this Convention, or at any time thereafter, any State or territory may declare that the Rules shall apply to inland waters not of a maritime character.“ (Art. 28) -(inland-, not internal water) Danube University Krems Center for Architectural Heritage and Infrastructure Dr. Peter Strasser, LL.M. Mitrovica Summer University 2013 SPARK Cultural Heritage and Diversity 7 / : The Titanic as an Educational Tool : The Protection of the Underwater Cultural Heritage