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§ 1.3. Kinds and classification of objects of an underwater cultural heritage

There is a set of objects PKN. The cores are remains of ship-wrecks which give a full cut of the life occurring onboard vessels at the moment of their immersing on a bottom. "Titanic", armada of King Phillip concern number of the well-known remains of ship-wrecks II of Spanish, fleet of the Kublaj-khan, etc.

Also objects PKN are protecting vessels, which zataplivalis for defence of waterways for the purpose of the prevention of penetration of attacking enemy forces or the attacking party, and also for prevention of leaving of defending fleet. It is possible to result following examples of protecting vessels:

1. The British military ships "Tetis", "Ifigenija" and "Intrepid", flooded during an attack on Zeebrjugge and Ostende in 1918 to prevent use of the given ports by the German fleet.

2. The Swedish ship obstacle from 20 ships deliberately flooded in 1715 in gulf Grejfsvajld near to island Rjugen at the Baltic coast of Germany.

Also remains of planes and other vehicles concern objects PKN, many of which represent the big historical value, as, for example, the plane «Lokhid Р-38» which has been found out in Mediterranean sea near to Marseilles. On it at the moment of wreck there was Antoine de Sent-Ekzjuperi.

Under water there is a set of ancient constructions, which

Have appeared flooded owing to land subsidence, earthquakes and flooding. As examples it is possible to name such constructions, as remains of a beacon and Cleopatra's palace in the Alexandria gulf; a complex in Dvarke (1500-1400 BC); fortress Bulverket in Gotland (Sweden) – fortifikatsionnoe a construction on the lake, dated 1130 AD, etc.

Also under water there can be traces of ancient religious objects, for example, ancient sacred ponds and channels in Florida and Greece, Si-Hendzh at coast of an English county Norfolk.

In some areas because of subsidence of soil or water level increase there is a flooding of the whole landscapes. It meets in some areas adjoining to Baltic, Northern and Black seas. Also today here it is possible to find out the hunting grounds, coastal lines and the flooded human settlements.

Artefacts and traces of activity of the ancient people also concern objects PKN, remained in underwater caves which have appeared at the bottom because of rising of sea level or always were under water. As an example cave Koske can serve in France, the input in which is on depth of 37 m under water. In it there are not flooded drawings and the engraved images created from 17 to 25 thousand of years BC

Also traces of use of sea space concern objects PKN.

The existing variety of objects PKN complicates their research and protection, including legal, and demands ordering which would allow not only it is better to investigate objects and to organise their account, but also in a complex to approach to working out of rules of law of protection. However now in the foreign and domestic scientific literature of the standard ordering of objects PKN does not exist.

In 2011 we had been offered classification of objects PKN by a number оснований60, and in 2013 in the Typical data card of UNESCO for the register

60 See: Anisimov, I.O.analys of the UNESCO Convention «About protection of an underwater cultural heritage

Underwater cultural наследия61 (further – the Data card) has been presented the register of objects PKN according to which researchers should describe the found object.

In particular the Data card allocates following characteristics of object:

1. Object type: vessel remains, flying machine remains, remains of other vehicle, a single artefact, prehistoric object, object dokolumbovoj epoch, ruins, a structure, a cave, senot, another.

2. A safety condition: excellent, good, there are damages, разрушен62.

3. An object site: a zone with superfluous humidity, marshland, a key / a source, the flooded cave / a hollow, the river, lake/pond/spring, ocean coast, port, a gulf, near to coast, far from coast (to specify approximate distance), in opened море63. In our opinion, in the given list it would be possible to include the factor "another" which, for example, concerns a case when the object was in a certain place, and then has been carried by a current in an unknown direction, that is has been lost.

Also the Data card metes objects PKN on a cultural origin (African, Asian, European, Arabian, American, Australian, etc.) and to value of object (historical, cultural, art, archaeological) 64. In our opinion, section

It would be possible to expand "value", having included points: "scientifically - technical", "economic", "aesthetic" etc.

The Data card analysis shows, that it contains the incomplete list of objects and their parametres. Meanwhile, the variety of kinds of objects PKN demands working out of their classification, including by legal grounds.

2001 »//Actual problems humanitarian and social sciences. – 2011. – №5. – with. 113 – 118.

61 See: Operative supervising principles for the Convention on protection of underwater cultural heritage CLT/CEH/CHP/2013/OG/H/1//UNESCO. – August 2013. – C. 28 – 33.

62 In the same place, with. 28

63? In the same place, with. 30.

64? In the same place, with. 31.

In this connection we consider possible to offer author's classification of objects PKN (see the Appendix).

In levels II, III, IV above-stated classification the codes are applied, allowing to describe the found out objects, and also the exhibits stored in museums and private collections. For example, object As3U: «the object of the Asian origin having insignificant damages and representing universal value».

However classification of objects PKN by legal grounds first of all is of interest for the given research. The typical data card of UNESCO for the register of an underwater cultural heritage of 2013 discriminates a site of objects PKN on following zones of sea space: continental, internal reservoirs, inland waters, territorial sea, arhipelazhnye waters, the exclusive economic area, a continental shelf, the area (international waters), an adjoining zone of other state, the exclusive economic area of other state, a continental shelf of another государства65. However the given list of a site of objects PKN not full, contains a number of discrepancies and errors owing to what it cannot be classification of objects PKN by legal grounds. In particular in the Data card:

1) there is no point "high sea" which along with the zones set forth above (it agree UNCLOS) concerns zones of sea space;

2) there is no point "passages";

3) it is not clear, that is meant «a continental zone of sea space» as such term in UNCLOS is absent;

4) it is not clear, that «the area (international waters)» is meant the term. First, if the Data card has in view of such zone of sea space as Area, that, agrees UNCLOS, the term "Area" should

65 Operative supervising principles for the Convention on protection of underwater cultural heritage CLT/CEH/CHP/2013/OG/H/1//UNESCO. – August 2013. – With. 30.

To be used from the big letter. Secondly, such concept, as

"International waters", in jurisprudence is absent. Instead of it the term "high sea" should be used.

The analysis of the domestic and foreign international legal literature has shown, that classification of objects PKN by legal grounds is absent, in this connection we consider possible to offer such классификацию66.

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A source: Anisimov IGOR OLEGOVICH. INTERNATIONAL LEGAL PROTECTION of OBJECTS of the UNDERWATER CULTURAL HERITAGE. The dissertation on competition of a scientific degree of the master of laws. Moscow,. 2014

More on topic § 1.3. Kinds and classification of objects of an underwater cultural heritage:

  1. § 1.4. Classification of the factors representing threat for objects of an underwater cultural heritage
  2. Chapter 1. Concept and classification of objects of an underwater cultural heritage of international law
  3. § 1.2. A parity of institutes «underwater cultural heritage», "cultural heritage" and «a natural heritage»
  4. Chapter 2. International legal protection of objects of an underwater cultural heritage
  5. Chapter 3. A condition and prospects of reduction of the organisation of protection of objects of an underwater cultural heritage in the Russian Federation in conformity with the international standards
  6. § 1.1. Term use «an underwater cultural heritage» in international law and the Russian legislation
  7. § 2.2. The purposes and features of positions of the Convention on protection of an underwater cultural heritage of 2001
  8. § 2.3. Problems of realisation of the Convention on protection of an underwater cultural heritage of 2001
  9. § 2.4. The mechanism of the resolution of disputes, connected with an underwater cultural heritage
  10. Anisimov IGOR OLEGOVICH. INTERNATIONAL LEGAL PROTECTION of OBJECTS of the UNDERWATER CULTURAL HERITAGE. The dissertation on competition of a scientific degree of the master of laws. Moscow,, 2014 2014
  11. § 3.2. An urgency of a problem of protection of an underwater cultural heritage for the Russian Federation
  12. § 2.5. A substantiation of necessity of acceptance of additions and changes to the Convention on protection of an underwater cultural heritage of 2001
  13. § 3.3. Expediency of ratification by the Russian Federation Conventions on protection of an underwater cultural heritage of 2001
  14. § 3.1. Value of experience of the foreign states for activity of the Russian Federation in the field of a right protection of an underwater cultural heritage
  15. 3.2 Features of privatisation of objects of a cultural heritage