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The United Nations Convention on the Law of the Sea (UNCLOS) laid down a general obligation for all States to protect objects of an archaeological and historical nature found at sea, including in the exclusive economic zone (EEZ), and to cooperate for this purpose, leaving States to determine the means of implementation. This chapter analyses and discusses the jurisdiction over activities that are pertinent to the archaeological and historical objects found in the EEZ. The development of the legal framework to protect these objects under UNCLOS and the 2001 Convention on the Protection of the Underwater Cultural Heritage (CPUCH) is reviewed, together with an interpretation of how these objects are defined under each treaty. The jurisdictional arrangements over activities that may affect the protection of these objects found in the EEZ are then analysed. Special attention is given to the relevant provisions of the CPUCH, which somewhat clarifies the role of the coastal State in protecting underwater cultural heritage in the EEZ. This is followed by a discussion of the legal procedures that could be invoked to settle disputes relating to these objects.
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