Underwater Cultural Heritage Protection International Legal System And Its Impact On China

The underwater cultural heritage(hereinafter referred to as UCH), as a new cultural heritage, has attracted serious concern from many countries. Although the science and technology of underwater exploration has promoted the UCH’s research and development, at the same time which also cause them to be salvaged and indiscriminately destroyed. This has prompted the international community to gradually enact legislation to strengthen the protection and management of UCH. The protection of UCH cannot be achieved by one country independently. It requires the joint efforts of the international community. Therefore, the study of international legal regime of the UCH is a necessary way to protect them. It also provides a basis for a reasonable solution to the possible disputes about the ownership of the UCH between our country and neighboring countries in the future.In this context, firstly, this paper analyses the concept, features and legal quality of the UCH. Then analysis the important values and crisis of the UCH. Secondly, here is a systematic research of existing international sources international of law(the international treaties, customary international law and international law document).Then focuses on "UNCLOS" in Article 149 and 303 and the full text of "Convention on the Protection of Underwater Cultural Heritage"(hereinafter referred to as "Water Heritage Convention’’). Thirdly, this paper will analysis the advantages and disadvantages of China joining the "Water Heritage Convention". Drawing lessons from extraterritorial protection practices, such as provisions of the definition of the UCH, jurisdiction system, ownership system and others. And give some suggestions and countermeasures. Finally, propose an assumption for the protection of the UCH in the South China Sea- Construction of protection mechanisms for cooperation,drawing on advanced protection practices of international conventions, signed the"South China Sea Underwater Cultural Heritage Protection Cooperation Framework Convention" with the South China Sea countries.