国际水下文化遗产若干法律问题研究

从法律定性上看,水下文化遗产不是无主物,也不是"人类共同继承遗产",而是沉没物,原则上归其沉没时的物主所有。当然,对按照一定的程序不能辨明物主的水下文化遗产,除文物和公共财产外,自其沉没时视为无主,适用先占制度。《保护水下文化遗产公约》对水下文化遗产的保护和管理已经作了公平合理的规定,我国有必要参加该公约。在相关的国际打捞案件中,我国完全可以根据国际法坚决地主张和维护自己的正当权益。

A Research on Several Legal Issues Relating to International Under-water Cultural Heritage

Underwater cultural heritage is an important international resource. It is neither res mullius, nor common heritage of human being. The owner still has his ownership if he can proof that he was the real owner when the heritage was sinking. As to those whose ownership could not be identified, the ownership identification is a very complex issue and should be treated differently in accordance with its character. As far as the protection and regulation is concerned, Convention on the Protection of the Underwater Cultural Heritage has provided some reasonable provisions. Our country shall exclaim and defend its legitimate interests according to the international law.