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The 33rd session of the UNESCO General Conference, held on 2 November 2001, passed a Convention on the Protection of the Underwater Cultural Heritage, an act of international law prepared for more than twenty years. The article discusses the history of the legislation undertakings which ultimately produced the text of the convention and explains the reasons for the lengthy absence of a consensus. The author delves into foremost controversial issues such as criteria for the definition of underwater cultural heritage, the relation between the titular convention and the United Nations Convention on the Law of the Sea (UNCLOS), the attitude of the convention to the law of salvage, the possibility of granting jurisdiction dealing with the protection of underwater cultural heritage to littoral states within the range of their exclusive economic zones and the Continental shelf and, finally, the relations between the convention in question and the ICOMOS Charter on the Protection and Management of Underwater Cultural Heritage. The article also offers a concise presentation of the contents of the most significant fragments of the ultimately accepted convention.
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The author — Deputy Conservator General of Historical Monuments — writes about the protection of the archaeological heritage, described in a pertinent European convention as a “source of collective memory”. The archaeological heritage possesses a special rank among other categories of the cultural heritage. It is usually concealed from society and remains particularly sensitive to all human activity, even such routine forms as land cultivation or the construction of residential estates, while its violation and damage are irreversible. The prime task of archaeologists does not merely entail, as it is universally believed, an examination of the past by means of studying the archeological heritage, but its protection. If we become aware of the fact that the basic form of archaeological research, i. e. sites, actually incurs damage to archaeological legacy, then we face the dilemma whether to investigate or to protect (also against detrimental excavations). Each of these moral choices appears to be well justified. The International Charter for the Protection and Management of the Archaeological Heritage, prepared by ICAHM-ICOMOS, formulated the principle of restricting excavations to an indispensable minimum in cases of endangered sites and, only in exceptional circumstances, nonthreatened sites (i.a. when excavations are necessary for essential research purposes).
EN
ICOMOS Charter for the Protection and Management o f the Archaeological Heritage issued in 1990 can be regarded as the final moment of the long-term process of formation of the belief in the archaeological branch that it is necessary to assign priority to preventive conservation in all actions undertaken towards the authentic substance of archaeological sites and relics. \\ ith regard to archaeological heritage, the strategy of preventive conservation must cover at least (lie implementation of the following rules: 1. Creation of optimum conditions of duration and exposure for the monument (elaboration of the monument protection plan). 2. Non-disturbance of the monument substance (restriction of excavation work to a necessary minimum). 3. Monitoring of the condition of the monument (conservator’s inspections and ensuring that the monument will be cared about by social caretakers of monuments). *+. Intervention in the case of any danger (carrying- -out of minimum required repair activities and legal and administrative interventions). The elaboration of the plan of long-term protection and management of the monument must be a key element of the strateg)7. Such a plan must be based on multidisciplinary scientific research aimed at understanding the fragment of the heritage that is to be covered by the conservation. This understanding covers not only an in-depth knowledge of the monument itself, but also of the historical and contemporary context in which the monument is situated, including th<‘ conditions of natural environment and social attitudes. Only with such a knowledge at our disposal can we elaborate an action plan that will allow us to retain the monument substance of the site, at the same time giving the possibility of I lie widest and most diverse use of monument values that are carried by that site. The article deals with practical problems related to the implementation of such proactive approach to the in situ conservation of architectural relics, such as th<‘ conservation of archaeological sites by refilling them with soil, ensuring of proper humidity and other soil conditions for the given site, impact of plants on the maintenance of archaeological sites, problems arising during the construction of roofs for archaeological sites, or special problems connected with the provision of access to archaeological sites for tourists. The problems discussed in the article lead to the conclusion that preventive conservation consists mainly of planning based on scientific research and anticipation of long-term results of undertaken actions.
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