1 10 3 https://apconf-much.org/proceedings/files/original/1a998882def4719a29729a35d110c954.pdf 109ba92ad732ad752e8068cb3a296555 PDF Text Text Analysis of UNESCO Best Practices of Underwater Cultural Heritage from the perspective of marine sustainable development and challenges in 2022 New Chinese UCH Regulations Liu lina Associate Professor in Xi’an Jiaotong University, PhD. Master's Supervisor. Research interests in cultural heritage law, international law, IP law. Email:liulina@ xjtu.edu.cn ABSTRACT The topic of this paper fits best within this Session17, the 2001 Convention: from ‘constructive ambiguities’ to ‘destructive misunderstandings’ ,because it summarizes the ways in which underwater cultural heritage contributes to the sustainable development as a Marine resource through its own inheritance and development, and suggests that China should change its legislative idea of underwater cultural heritage. The case studies under consideration are the latest 13 Best Practices of UNESCO 2001 Convention for the Protection of Underwater Cultural Heritage, which are analyzed in three aspects: 1) legal protection based on the legislative concept of marine resource law, 2) protection of cultural heritage resources through long-term monitoring and dynamic classification, and 3) sharing the benefits of cultural resources and environmental economic development. The resources available to conduct the work include the list of Best Practices of UNESCO 2001 Convention for the Protection of Underwater Cultural Heritage and China's newly revised version of Regulations on the Protection of Underwater Cultural Heritage in 2022. The research questions are how underwater cultural heritage can contribute to the sustainable development of the oceans through its own inheritance and development, and how China should change its legislative idea of underwater cultural heritage. The research approaches are case review and legal text analysis. The results are the legal protection of underwater cultural heritage in international law with the concept of resource law, and China’s responses. Keywords: Underwater Cultural Heritage; Best Practices; sustainable development; UNESCO 1 �1. INTRODUCTION The topic of this paper fits best within this Session 17, the 2001 Convention: from ‘constructive ambiguities’ to ‘destructive misunderstandings’, because the newly revised Chinese Regulations on the Protection and Administration of Underwater Cultural Relics is implemented in April 2022. The protection of underwater cultural heritage (hereinafter referred to as “UCH”) in China is facing a historical opportunity of rapid development of environmental and resource protection. This paper proposes the rule of law that environmental resources should be used to promote the sustainable development of underwater cultural heritage, through the evaluation and analysis of the current UNESCO "Best Practice of Underwater Cultural Heritage". And this paper lays out that China should change the concept of governance of underwater cultural relics - from the protection of cultural relics themself only to the governance of environmental resources. 2. CASE STUDIES The case studies under consideration are the Best Practices of UNESCO 2001 Convention for the Protection of Underwater Cultural Heritage (hereinafter referred to as “the 2001 UNESCO convention”). In 2015, the Meeting of States Parties (hereinafter referred to as “MSP”), by its Resolution 4/5MSP adopted at its fifth session, wished to strengthen cooperation among States Parties by inviting them to submit examples of Best Practices in the implementation of the Convention. To submit a Best Practice example to the Conference of States Parties, heritage must1: ● i）fall within the definition of Article 1 of the 2001 Convention or is at least 100 years old, but is classified as underwater cultural heritage under national legislation, ii) be adequately protected both legally and practically, in particular through the implementation of the Rules concerning activities directed at underwater cultural heritage of the Convention, iii) respect responsible and non-intrusive access, iv) have a framework for sustainable management. These Best Practices are evaluated by the Scientific and Technical Advisory Body (hereinafter referred to as “STAB”), which makes recommendations to the MSP 1 https://en.unesco.org/underwater-heritage/best-practices 2 �regarding their designation. Until May 2023, this establishes a register of 13 Best Practices for use by all States Parties to the 2001 UNESCO Convention. After consideration, the reasons are analyzed in three aspects. 2.1 The establishment of national legal frameworks for UCH protection First of all, the Best Practice encourages countries to ensure their legal protection for UCH archaeology, conservation, and management by establishment of national legal frameworks for UCH protection. There are 6 Spain’s UCH practices2 selected into the list of Best Practices, benefiting from a series of special laws. For example, the Historical Heritage Act (law 16/1985 of 25 June, on Spanish Historical Heritage ) and the Andalusian Historic Heritage Law (Law 14/2007 of 26 November on the Historical Heritage of Andalusia). Secondly, the Best Practices encourages countries to make specific laws that define their own underwater cultural heritage. According to the Portuguese law "Decree No. 164/97 on underwater archaeological activities[3]", underwater heritage is recognized on the basis of its cultural value, not on the basis of 100 years. Spanish law believes the value of underwater heritage reflects the memory and identity of the marine community, which is more important than age. In 2009, the National Museum of Underwater Archaeology of Spain (ARQUA) launched The National Plan for the Protection of Underwater Cultural Heritage (the Green Book), which aims to the adoption of a series of specific measures for the protection, conservation and diffusion of this rich heritage in waters to create awareness, in a coordinated way, for all the departments and public government bodies involved in this protection.in Spain. Finally, Protection and fight against commercial exploitation by law. One of the six Best Practice, the Nuestra Senora de las Mercedes Project, Spain4 is an excellent example for UCH protection by effectively combating illegal commercial salvage activities on an international level and resolving ownership issues through judicial means. And the de las Mercedes cargo was definitively deposited in the 2 Such as “Andalusian Underwater Heritage Conservation Project,Spain”, “Cap del Vol and Cala Cativa shipwrecks, Spain”，“Deltebre I shipwreck, Spain”, “the Bou Ferrer Shipwreck, Spain”, “the Nuestra Senora de las Mercedes Project, Spain”, “The National Museum of Underwater Archaeology（ARQUA）,Spain” 3 UNESCO.List of National Cultural Heritage Laws, https://en.unesco.org/cultnatlaws/list/last-update-august-2015?page=50&order=title_field&sort=asc 4 On May 18, 2007, the US company Odyssey Marine Exploration announced in the media that it had transported a cargo of 500,000 gold and silver coins to the United States but did not give any information about the identity of the wreck from which the extraction originates or the exact location of the extraction.The Spanish government, in the face of suspicion that a Spanish ship could be treated,decides to wage a legal battle against the treasures haut company in the courts of United States, Finally, on February 14, 2012, the US courts give the final reason to the Spanish State to  return the cargo to Spain in 2022. More information on website: https://www.culturaydeporte.gob.es/mnarqua/en/colecciones/yacimientos/ns-mercedes.html 3 �National Museum of Underwater Archeology in 2012. 2.2 To promote the appropriate conservation of UCH through long-term monitoring and dynamic classification The best practice also emphasizes long-term monitoring and dynamic protection models of UCH. Firstly, it shows how to establish UCH databases to improve the electronic information management. Compared with the cultural heritage on land, information of UCH is more difficult to collect. In 2004, the government of Andalusia in Spain established the Management and Information System of Cultural Assets of Andalusia (MOSAICO), which systematically manages hundreds of historical shipwrecks in the region. Secondly, the daily management of UCH requires multiple and dynamic monitoring. For example, Portugal has formed a conventional management model with multiple departments, interdisciplinary personnel to protect UCH in the Cascais region: the UCH management is carried out by the Cascais City Council. Underwater archaeologists have dedicated their time and effort to locate those sites, by drafting an archaeological map. Besides, the Directorate General of Cultural Heritage, the National Maritime Authority, and the Cascais Port Authority, which are responsible for different protection issues. Lastly, a dynamic and continuous model of UCH conservation should be developed. For example, the "Underwater Cultural Heritage in Chinchorro Bank, Mexico" was selected as Best Practice in 2019, developed interdisciplinary studies to understand the formation and the transformation processes of submerged archaeological contexts. The Sub-Directorate of Underwater Archaeology of the Mexican National of Anthropology and History Institute (INAH) has been conducting investigations and evaluations of 69 underwater sites recorded in the region's underwater cultural resources database since 2006. 2.3 Increase public awareness, recognition and protection of heritage Best practices encourage responsible and non-intrusive public access to underwater cultural heritage in accordance with Articles 2.55 and 2.106 of the Convention, because public awareness can prompt regional economic growth and protect UCH. Several examples of Best Practices have shown that UCH protection and economic development are mutually reinforcing. First of all, local governments can develop 5 Articles 2.5: The preservation in situ of underwater cultural heritage shall be considered as the first option before allowing or engaging in any activities directed at this heritage. 6 Articles 2.10: Responsible non-intrusive access to observe or document in situ underwater cultural heritage shall be encouraged to create public awareness, appreciation, and protection of the heritage except where such access is incompatible with its protection and management.  4 �non-intrusive and diverse UCH tourism activities which have demonstrated the protection of cultural resources and environmental development complement each other. For example, the “underwater archaeology Museum in Ferte de san Jose El Alto, Mexico7” One of two locations of this Museum of Campeche is in Playa Bonita, which strengthen the visibility of UCH and promote economic growth through various public hands-on activities. Another example is the "the Barge Arles-Rhône 3, France8" was taken out of the waters of the Rhône in 2011 to be restored and it thus joined the very exclusive club of boats found complete (or almost) in excavations, and presented in The Departmental Museum of Arles Antique in 2013. This Museum was expanded in order to exhibit these wrecks since 2013. Hence, it is also a good demonstration of boosting economic growth by constructing an underwater archaeological museum, which can share and display the submerged underwater heritage to the public. 3. RESOURCES The resources available to conduct the work include the list of Best Practices of UNESCO 2001 Convention9 (which have been analyzed above) and latest revised version of Regulations of the People's Republic of China on the Protection and Management of Underwater Cultural Relics in 202210. In the 1980s, China began to pay attention to the importance of marine resources and underwater cultural relics. In order to protect the marine resources, and reasonable and effective use of water resources, the State Council has successively promulgated Marine Environment Protection Law of the People's Republic of China and the Water. In order to manage the protection of underwater cultural relics, the Regulations of the People's Republic of China on the Protection and Management of Underwater Cultural Relics”(hereinafter referred to as the "The Chinese UCH Regulation") were promulgated in 1989. Since then, China's UCH protection has developed with laws to follow, and China has become one of the few countries in the world to formulate 7 https://www.inah.gob.mx/red-de-museos 8 https://www.arlesantique.fr/le-musee/lhistoire-du-musee 9 Best Practices of UNESCO 2001 Convention: https://en.unesco.org/underwater-heritage/best-practices 10 Regulations on the Protection of Underwater Cultural Heritage (2022 version), https://www.doc88.com/p-41999417420347.html 5 �specialized legal regulations for UCH. Since the implementation of 1989 Chinese UCH Regulation for 30 years, the close relationship between UCH and other marine resources has become deeply realized by Chinese legal experts. UCH in China (such as sunken ships and submerged towns and villages) serve as stable and long-term habitats for marine life. The Chinese UCH Regulation revised in 2022 is mindful of the concept of coordinated and integrated management of UCH as an important marine resource. 4. FRAMEWORK The research questions are how Chinese UCH can sustainably develop as a marine resource, through the change of Chinese legislative idea of UCH after analysis of the UCH best practices in 2001 UNESCO Convention. The research approaches are case review and legal text analysis of the Chinese UCH Regulation (2022 version）. The Chinese UCH Regulation (2022 version）was implemented in April 2022. Drawing on 13 UCH best practices of 2001 UNESCO Convention. China needs to change the legal idea from the protection of UCH itself to the management of a kind of marine resource along with promotion of the high-quality development of UCH. The approach of rule of law presents 3 aspects. Firstly, according to different types of underwater heritage, enhance the capacity building of China UCH as marine cultural resources. For example, the duty of "other relevant departments of governments" as the coordinating authority is clarified in the Chinese UCH Regulation (2022 version）. It takes into account the need to consider the development and utilization of UCH in the use of sea area, and the need to pay attention to the protection of underwater resources in the development of fisheries and port operations, and the need not to neglect UCH in port security and military use of the sea area. Article 4(2)5 provides that “other relevant departments of the people’s governments at or above the county level shall be responsible for the work concerning the protection of underwater cultural relics within the scope of their respective scope of responsibilities”, which clarify the responsibility of “other government departments” as the coordinating authorities. 6 �Secondly, adhering to sustainable development of UCH, Chinese legal protection of UCH need to formulate a dynamic and long-term management instead of only the establishment of UCH databases. Taking protection of UCH as an example of marine use, the Chinese UCH Regulation (2022 version）adds a consultation mechanism for the delimitation of the protected zone of UCH. The Article 7(2) states that “for the delimitation and adjustment of underwater cultural relics reserves, the opinions of relevant departments and holders of rights to use water areas should be solicited, advice of experts and the public shall be taken, and the opinions of relevant military organs shall also be solicited where military administrative areas and military use of seas are involved”5. Thus, it is clear that UCH, as a type of water resource, should be consulted through the mechanism of delimitation and adjustment of UCH protection areas, the relevant departments and the right to use the waters should be consulted. Thirdly, UCH, as a kind of non-renewable marine cultural resource, so the the Chinese UCH Regulation (2022 version) shall increase public awareness and participation, and encourage UCH protection coordinated with economic development. Art. 16 is a new article that is “the competent cultural relics departments, cultural relics collection entities, and other entities shall, by holding exhibitions, visits, scientific research, and other means, fully maximize the role of underwater cultural relics, strengthen the publicity and education of Chinese excellent traditional culture and the legal system for the protection of underwater cultural relics, and improve the awareness of the whole society for protection of underwater cultural relics and the enthusiasm for participating in the protection of underwater cultural relics”5. Take the “Nanhai No.1 shipwreck11” for example, in 2007, China Central Television（CCTV) broadcasted the entire salvage of the "NanhaiNo.1 shipwreck", which attracted public attention. The construction of the Nanhai No. 1 shipwreck Museum, also called “The Guangdong Maritime Silk Road Museum”. Nowadays, Hailing Island, where the “The Guangdong Maritime Silk Road Museum '' is located, is already Top 10 most popular islands in China, with beautiful scenery and cultural relics accompanying it. 11 No.1 Nanhai shipwreck,a shipwreck dating back to the Song Dynasty (960 A.D.-1279 A.D.),. The excavation the ancient shipwreck was listed by China in its top 10 archaeological discoveries for 2019. More information on website: https://www.msrmuseum.com/Home/Enindex 7 �5. RESULTS The results are that from the perspective of marine sustainable development, protection UCH under the Chinese UCH Regulation (2022 version) faced new challenges. On the basis of a clear and complete UCH database formed, regular monitoring and continuous dynamic management should be established for specific UCH projects. Flexibly utilizing UCH, such as non-intrusive tours, on the other hand should be invested in the conversation of UCH with economic growth After analyzing the new developments of UCH legal protection in China, it becomes obvious that isolated national UCH legal systems still face the problems in the effective protection of the UCH. The 2001 UNESCO Convention provides for its States Parties an effective international cooperation scheme. It is beneficial for a state, like China, to protect its national UCH under the legal instrument of the UNESCO 2001 Convention. BIBLIOGRAPHY 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2023 Session 17: The 2001 Convention: from ‘constructive ambiguities’ to ‘destructive misunderstandings’ Subject The topic of the resource Session 17 papers Description An account of the resource Papers presented at Session 17 of the 2023 Asia Pacific Regional Conference on Underwater Cultural Heritage Creator An entity primarily responsible for making the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource November 2023 Rights Information about rights held in and over the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Language A language of the resource English Rights Holder A person or organization owning or managing rights over the resource. Asia Pacific Regional Conference on Underwater Cultural Heritage Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Analysis of UNESCO Best Practices of Underwater Cultural Heritage from the perspective of marine sustainable development and challenges in 2022 New Chinese UCH Regulations Description An account of the resource The topic of this paper fits best within this Session17, the 2001 Convention: from ‘constructive ambiguities’ to ‘destructive misunderstandings’ ,because it summarizes the ways in which underwater cultural heritage contributes to the sustainable development as a Marine resource through its own inheritance and development, and suggests that China should change its legislative idea of underwater cultural heritage. The case studies under consideration are the latest 13 Best Practices of UNESCO 2001 Convention for the Protection of Underwater Cultural Heritage, which are analyzed in three aspects: 1) legal protection based on the legislative concept of marine resource law, 2) protection of cultural heritage resources through long-term monitoring and dynamic classification, and 3) sharing the benefits of cultural resources and environmental economic development. The resources available to conduct the work include the list of Best Practices of UNESCO 2001 Convention for the Protection of Underwater Cultural Heritage and China's newly revised version of Regulations on the Protection of Underwater Cultural Heritage in 2022. The research questions are how underwater cultural heritage can contribute to the sustainable development of the oceans through its own inheritance and development, and how China should change its legislative idea of underwater cultural heritage. The research approaches are case review and legal text analysis. The results are the legal protection of underwater cultural heritage in international law with the concept of resource law, and China’s responses. Creator An entity primarily responsible for making the resource Liu lina Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Lina, Liu. 2023. “Analysis of UNESCO Best Practices of Underwater Cultural Heritage from the perspective of marine sustainable development and challenges in 2022 New Chinese UCH Regulations.” Edited by Jennifer Craig, Jay Mok, T. Kurt Knoerl, and Mariano Azna. In Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/1912 Asia-Pac Session 17 2023 https://apconf-much.org/proceedings/files/original/ec28e12b41c45c37b9eb472c7d3cc427.pdf 4b983e86c60a5911c3b8876bd21a7003 PDF Text Text Motivating and Enabling Pacific States to Ratify the 2001 UCH Convention Dennis Marita (Director of the Culture Division at the Ministry of Culture and Tourism,Solomon Islands) Ellen Lekka (UNESCO, Samoa) Craig Forrest (University of Queensland) ABSTRACT Ratifications of the 2001 UCH Convention by Pacific States has been poor. Using Solomon Islands and the Marshall Islands as case studies, this paper begins by considering the utility of the 2001 UCH Convention for these States before turning to the difficulties and challenges in enabling ratification. These include not only capacity issues but also the extent to which ratification requires amendment of existing laws and broader policy issues relating, for example, to tourism and international relations. KEYWORDS: Solomon Islands; Marshall Islands; UNESCO INTRODUCTION There are 15 States widely regarded as Pacific States - Federated States of Micronesia (FSM), Marshall Islands, Kiribati, Nauru, Palau, Fiji, Solomon Islands, Papua New Guinea, Vanuatu, Samoa, Tonga, Tuvalu, New Zealand, Cook Islands and Niue – and a number of territories belonging to Australia, United States and France. Of these Pacific States only two have ratified the 2001 UCH Convention: FSM and Nuie. With 72 States Party to the 2001 UCH Convention, this is a significant under-representation. The more so when considering the extent of the maritime zones (exclusive economic zones and continental shelf) of these States, which together make up the largest maritime domain in the world’s largest ocean. This non-participation was reflected in the negotiations that led to the 2001 UCH Convention at which only New Zealand, Papua New Guinea and Samoa attended at least one of the four negotiation meeting; the remaining States did not attend at all. UNESCO has sought to educate, facilitate and encourage Pacific States to engage with and ultimately ratify the 2001 UCH Convention. So far this has had limited immediate success. The resulting underrepresentation is not, however, confined to the 2001 UCH Convention, but across all the UNESCO Cultural Heritage Conventions. None are party to the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict or the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Of the only three UN Member States not party to the World Heritage Convention, two are from the Pacific – Nauru and Tuvalu. Moreover, other than New Zealand, no Pacific State has more than one World heritage site, and some – Cook Islands, Niue, Samoa and Tonga – have none. And while all are party to the 2003 Intangible Cultural Heritage Convention, engagement in that Convention is also limited, with only four States having a single item each on the World List – FSM, Samoa, Tonga and Vanuatu; the rest have none. In this broader heritage contest, the lack of representation in the World Heritage and Intangible Cultural Heritage lists is both a function of the increasingly complicated processes for nomination, and the concern that Pacific States do not have the resources to effectively manage and protect significant heritage that is subject to the relevant international Convention and the obligations contained therein. It is clear that a lack of human and financial resources constrain the ability of Pacific States to act. It is thus worth contextualising this by noting that the bottom seven positions of the 207 listed States in the World Bank’s 2021 ranking by GDP were taken up by Pacific States: Tonga, FSM, Marshall Islands, Palau, Kiribati, Nauru and in last place Tuvalu (World Bank 2012). Not surprising many of the Pacific 1 �States are also the smallest in the World by pollution, with all but New Zealand and Papua New Guinea having a pollution of less than 1 million, and in some cases considerably less. Palau has a population of around 18,000; Tuvalu 12,000 and Nauru 11,000 (Worldometer 2023). As a region, Oceania has the lowest pollution in the world with a total of less than 20 million, spread over the largest maritime domain (UN World Pollution Prospects 2002). Against the backdrop, there are a range of underlying reasons for a lack of interest in the 2001 UCH Convention. In the context of current challenges faced by Pacific States, UCH is not a priority on the political and national agenda and not surprisingly there is “a lack of visibility, public support and understanding of the values attached to UCH, and the incompatibility with economic development projects.” (Nikishiwa 2017, 20) There is also a basic lack of understanding of the convention and uncertainty as to its relation with the 1982 UN Convention on the Law of the Sea. This paper considers the difficulties Pacific States face in the process of considering ratification of the 2001 UCH Convention through a review of two case studies – Solomon Islands and Marshall Islands. ADVANTAGES OF RATIFICATION The Pacific States were born by seafarers undertaking significant feats of seamanship and navigation over hundreds of years beginning as far back as 3,500 years ago. Little has been found of the physical remains of these endeavours, but better technology and a greater emphasis on Pacific indigenous heritage bods well for the future. Much more recently, the western age of exploration, colonialisation and a world war have left UCH across the Pacific. Not only is this historically and archaeologically important heritage but is of great tourism potential and requires sustainable management. The 2001 UCH Convention provides the bedrock upon which this UCH can be managed. It contains an internationally agreed legal framework supported by international best practice in maritime archaeology. Perhaps more importantly, the 2001 UCH Convention is essentially a framework for State cooperation, including in the sharing of information, training and in the use and transfer of relevant technology. Only through ratification and ‘membership’ as States Parties, can a State engage in deliberations about UCH in an international context; participate in the UNESCO organs of the 2001 UCH Convention, particularly in the Scientific and Technical Advisory Body and have access to the UCH Fund that supports various activities, including training, workshops, public awareness raising and technical missions. There is little cost to ratification, with representation the only direct cost, and that, in any event, is a matter for each State to decide as to the level of participation. The only indirect cost is the law reform required to ensure a State gives effect to its international obligations arising out of the 2001 UCH Convention. Despite these obvious advantages, Pacific States have not ratified the 2001 UCH Convention. The case of Solomon Islands and Marshall Island may highlight some of the reasons for this. SOLOMON ISLANDS The UCH resources of the Solomon Islands includes caves and sacrificial sites used for shark or crocodile worship, submerged villages and artificial islands, historic shipwrecks including the remains from La Perouse expedition of 1788, and famously, hundreds of planes and shipwrecks 2 �resulting from the fierce battles of the WWII. Indeed, Iron Bottom Sound, between Guadalcanal and Savo Islands, is so named because of the number of WWII wrecks lying there. It is a particularly popular dive tourism site. UNESCO’s bid to encourage ratification of the 2001 UCH Convention in the Pacific began shortly after it came into force in 2009. UNESCO organised an inter-governmental meeting in Honiara, Solomon Islands, attended by representatives of Fiji, Kiribati, Marshall Islands, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga and Vanuatu (Takahashi 2011, 6). It was designed to stimulate interest and assist States in ratifying the 2001 UCH Convention; reinforce existing cooperation in the Asia Pacific Region and set up new linkages for the protection and management of UCH. While useful in that it introduced the 2001 UCH Convention to Pacific States, little came of this meeting. UNESCO did publish Underwater Cultural Heritage in Oceania in 2010 to raise awareness within the region, and a Feasibility Study on a Pacific UCH Capacity Building programme did follow, but nothing appears to have come of that (Mckinnon and Kimura 2012). Pacific States did not show any real interest in pursuing ratification. In 2021 UNESCO (author Ellen Lekka) and contracted consultants (author Craig Forrest, together with Matthew Carter and Ole Varmer) organised a consultation workshop on the 2001 UCH Convention in the Solomon Islands over two days: 23–24 June, bringing together key stakeholders representing government, industry, development partners and international experts to discuss possible ratification of the 2001 UCH Convention. A draft Gap Analysis was prepared to compare Solomon Islands’ legislation to the requirements of the 2001 UCH Convention, as well as a National Interest Analysis detailing the benefits and obligations should Solomon Islands ratify. At that meeting, the Director of the Culture Division at the Ministry of Culture and Tourism (author Dennis Marita), spoke about the importance of the ocean to Solomon Islanders’ identity, he declared that “Solomon Islands is a maritime country, and a great part of its heritage and history is based on the ocean”. The Director also expressed the desire of the Solomon Islands Government to ratify the 2001 UCH Convention. This has yet to happen, and a number of reasons might explain why. While the 2001 UCH Convention does not impose significant obligations on States Parties, each State does need to ensure that its legislation is capable of giving effect to these obligations. The extent to which each State can respond to this obligation is both a function of the complexity and modernity of its existing legislation and its capacity to amend that legislation or introduce new legislation. The Solomon Islands Gap Analysis revealed that the existing law applicable to wrecks, salvage and maritime jurisdiction (Shipping Act 1998; Protection of Wrecks and War Relics Act 1980) required some amendment, as did aspects of related legislation such as the Environment Act 1998 and Protected Areas Act 2010; though these do provide a sound footing for the implementation of the 2001 UCH Convention – subject to minor amendments. In many respects, while the needs for amendments were modest, the task of coordinating these across multiple legislative instruments (and relevant departments) is time consuming and requires dedicated human resources. Indeed, the age of some of the legislation that required amendment (eg. Protection of Wrecks and War Relics Act 1980) attests to the difficulty in generally keeping legislation contemporary and up to date. The main recommendation from the Gap Analysis was the adoption of a new stand-alone legislative instrument to give effect to the 2001 UCH Convention. Given that the 2001 UCH Convention provides the framework this should not be a particularly difficult legislative instrument to draft but it does require time and resources and a certain level of subject matter expertise. 3 �Time and resources that are not easily directed to heritage, especially heritage like UCH, which is out of sight and not immediately relevant to much of the population, whose cultural traditions often favour intangible heritage (Jeffrey et al 2021, 137). This is hardly surprising when considering issues such as climate change and other threats that challenge a State’s very existence. As such, attempts to address issues related to heritage are often tagged on to broader issues such as sustainable development. And these all compete for limited resources. The nature of UCH in Solomon Islands may also play a role, in that the most obvious examples of UCH are not indigenous Solomon Islander heritage, but rather that from World War II (Forrest and Corrin 2013). It is often perceived in tourism terms and as a financial commodity, rather than genuine heritage. At the very least the idea of it being heritage does exist because of the emphasis placed on it by the two belligerent States: Japan and Untied States. That this heritage will not in fact fall within the scope of the 2001 UCH Convention until the early 2040s is not always appreciated and therefore coloured the view they have of the 2001 UCH Convention as to its role in Solomon Islands. Solomon Islands has also not fared well in terms of its engagement with other international cultural heritage regimes. In 1998, East Rennell was inscribed on the World Heritage List. At the time, the World Heritage Committee noted that adequate long-term legislative, regulatory or institutional protection was not in place. Nevertheless, the property was inscribed on the list with a number of recommendations made to address these issues, but Solomon Islands failed to address them and, in 2003, the property formally entered the non-compliance response system, and in 2013, placed on the List of World Heritage in Danger where it remains (Hamman and Hølleland 2023, 98-99). This illustrates the significant capacity challenges faced in all areas of cultural heritage management and does not bode well for UCH without external assistance. MARSHALL ISLANDS Having been discovered by around 2000 years ago, the Marshallese archipelago, with 1225 islands and islets, is vast. The settlement of this archipelago required extraordinary navigational skills and seaworthy craft. While little physical remains of this early seafaring have been discovered, other traditional sites demonstrate the intimacy Marshallese have with the ocean, including coral reef heads featured in traditional oral history and ancient fish traps, some of which are still in use today. The UCH resources of the Marshall Islands also extend to the Japanese and United States wreckage of WWII; and the material evidence of nuclear testing at Bikini Atoll (Naone 2011, 1). The notion of cultural heritage in Marshall Islands appears to be coloured by its association with the United States. After achieving self-governance in 1979, the Marshall Islands entered into a Compact of Free Association with the United States which allowed, amongst many things, for the Historic Preservation Office to continue its roles as provided for in the 1966 U.S. National Historic Preservation Act. Indeed, four sites are listed on the US National Register of Historic Places: Kwajalein Island Battlefield, Roi-Namur Battlefield, Debrum House and Marshall Islands War Memorial Park (Forrest and Jeffrey 2018). In 1991, the Historic Preservation Act was adopted by the Nitijela as a response to the perceived legal vacuum in relation to indigenous Marshallese historic preservation. This included submerged cultural heritage and was followed by the adoption of Regulations Governing Access to Prehistoric and Historic Submerged Resources. These provide for a reasonable 4 �protective regime, though difficult to enforce given the vast distances involved and the limit enforcement capability (Naone 2011, 1 and 5). Whilst there was therefore some recognition of the importance of UCH, the Marshall Islands was not engaged in the negotiations that lead to the 2001 UCH Convention. Importantly though, it was engaged with the World Heritage Convention and in 2010 the Bikini Atoll Nuclear Test Site was inscribed on the World Heritage List; including the ships that were sunk during the 67 nuclear tests that took place there. These form an integral part of the World Heritage site and are the only UCH specifically protected in Marshall Islands. However, these wrecks are not only cultural resources but also an environmental threat. Other than the affect that atomic tests have had, and continue to have, on these wrecks, a number still have potentially polluting bunker fuel on board, and some still have unexpended ordinance, requiring intervention (Forrest and Jeffrey 2018, 61-64). As part of its commitment to educate, facilitate and encourage States to ratify the 2001 UCH Convention, UNESCO commissioned desk-based reports on the State of the legislative framework and UCH related programme in the five States of Micronesia – including Marshall Islands (Forrest and Jeffrey 2018). The key recommendation was that Marshall Islands become a party and adopt a new Act to give effect to the Convention, at the same time making consequential amendments to the Historic Preservation Act, Regulation and Control of Shipping Act and Wrecks and Salvage Act, and others as appropriate. In 2021, this was followed by a more detailed consideration of this legislative framework together with a draft National Interest Analysis and a two-day workshop (7-8 December 2021) together with educational material, based on the model used for the work undertaken the previous year for Solomon Islands. The recommendations arising out of that work were substantially similar to those for Solomon Islands: ratification of the 2001 UCH Convention with consequential, but limited, amendments to a range of legislation and the adoption of a new stand-alone legislative instrument to give effect to the 2001 UCH Convention. As yet, no action appears to have been taken following this work and recommendations. Trite, but again the underlying cause is a lack of resources. SUSTAINED INSTITUTIONAL AND STATES PARTIES ASSISTANCE Both Solomon Islands and Marshall Islands would benefit from ratification of the 2001 UCH Convention and both States appear eager to do so. The inevitable effect of consultants working remotely with no ongoing relationship with those in the States responsible for progressing the path to ratification has begun to toll on the momentum generated by the work undertaken in the past two years. Given these States’ significant financial and capacity constraints, and where cultural heritage issues are a low priority given the geo-political and environmental challenges being addressed, it is difficult to criticise lack of progress. It thus falls to those assisting these States to persist in ongoing dialogue, and perhaps just a little bit of pressure, to ensure that momentum does not falter and fade entirely. There is thus a role to play for organisations such as UNESCO Pacific Office, Pacific Islands Museum Association, International Council of Monuments and Sites (ICOMOS) - both ICOMOS Pacifika and ICOMOS International Committee on Underwater Cultural Heritage), and the Pacific Heritage Hub at University of the South Pacific. All have an interest in assisting these States, but there appears to be little coordination and sharing of the load, in part because these organisations too face resourcing constraints. Perhaps what is needed is a more coordinated approach with one organisation that takes the lead and coordinates the efforts of all other organisations with an interest in the protection and management of the Pacific UCH. 5 �The 2001 UCH Convention (article 2(2)) is, above all, a cooperative regime and States Parties are bound to cooperate as a fundamental principle of this regime. Australia is edging close to ratification. In 2018, the federal government adopted the Underwater Cultural Heritage Act that is consistent with the 2001 UCH Convention and will allow for Australia to fulfil its obligations following ratification. In March 2003 the Federal government’s Joint Standing Committee on Treaties concluded its hearing and report on the 2001 UCH Convention by recommending ratification. If, as is now highly likely, ratification will take place, Australia will owe obligations to other States Parties, and if those were Pacific States, the benefits of having a relatively well resourced and highly skilled neighbour would be of significant benefit. Pacific States would do well to follow an Australian ratification. Bibliography Forrest, Craig and Corrin, Jennifer. “Legal Pluralism in the Pacific: Solomon Island’s World War II Heritage” International Journal of Cultural Property 20 (2013): 1-21. Forrest, Craig and Jeffrey, Bill. UNESCO Report: Underwater Cultural Heritage (UCH)-related legislation and programme review in the five countries in Micronesia United Nations Educational, Scientific and Cultural Organization, 2018. Guerin, Ulrike, Egger, Barbara and Penalva, Vindha. Underwater Cultural Heritage in Oceania. Paris: UNESCO, 2010. Hamman, Evan and Hølleland, Herdis. Implementing the World Heritage Convention. Cheltham (UK): Edward Elgar Press, 2023. Jeffrey, Bill, McKinnon Jennifer F. and Van Tilburg, Hans. “Underwater cultural Heritage in the Pacific: Themes and Future Directions.” International Journal of Asia Pacific Studies 17, no. 2 (2021): 135-168. Mckinnon, Jennifer F. and Kimura, Jun. Feasibility Study on a Pacific Underwater Cultural Heritage Capacity Building Programme. Paris: UNESCO, 2012. Naone, Mary Jane. The Underwater Cultural Heritage of the Marshall Islands; A Discussion of the Resources, the Legislation, the Community, Protection and Preservation. The MUA Collection, 2011 http://www.themua.org/collections/items/show/1185 Nishikawa, Chihiro. “Underwater Cultural Heritage in Asia Pacific and UNESCO Convention on the Protection of the Underwater Cultural Heritage.” International Journal of Asia Pacific Studies 17, no. 2 (2021): 15-38. Takahashi, Akatsuki. “UNESCO Convention on the Protection of the Underwater Cultural Heritage and the Pacific Small Island Developing States (SIDS).” The MUA Collection, 2011 http://www.themua.org/collections/items/show/1575 World Bank Gross Domestic Product 2021 https://databankfiles.worldbank.org/public/ddpext_download/GDP.pdf Worldometer 2023 https://www.worldometers.info/world-population/population-by-country/ UN World Pollution Prospects 2002: Summary of Results https://www.un.org/development/desa/pd/sites/www.un.org.development.desa.pd/files/wpp2022_summary_of_results.pdf 6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2023 Session 17: The 2001 Convention: from ‘constructive ambiguities’ to ‘destructive misunderstandings’ Subject The topic of the resource Session 17 papers Description An account of the resource Papers presented at Session 17 of the 2023 Asia Pacific Regional Conference on Underwater Cultural Heritage Creator An entity primarily responsible for making the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource November 2023 Rights Information about rights held in and over the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Language A language of the resource English Rights Holder A person or organization owning or managing rights over the resource. Asia Pacific Regional Conference on Underwater Cultural Heritage Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Motivating and Enabling Pacific States to Ratify the 2001 UCH Convention Description An account of the resource Ratifications of the 2001 UCH Convention by Pacific States has been poor. Using Solomon Islands and the Marshall Islands as case studies, this paper begins by considering the utility of the 2001 UCH Convention for these States before turning to the difficulties and challenges in enabling ratification. These include not only capacity issues but also the extent to which ratification requires amendment of existing laws and broader policy issues relating, for example, to tourism and international relations. Creator An entity primarily responsible for making the resource Dennis Marita Ellen Lekka Craig Forrest Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Marita, Dennis, Ellen Lekka, and Craig Forrest. 2023. “Motivating and enabling Pacific States to ratify the 2001 Convention.” Edited by Jennifer Craig, Jay Mok, T. Kurt Knoerl, and Mariano Azna. In Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/1911 Asia-Pac Session 17 2023 https://apconf-much.org/proceedings/files/original/49930b45db7e90226999b355c41c2ed9.pdf fa7982c3988e4735ab59b2773cb3c268 PDF Text Text The Next Steps of Underwater Cultural Heritage Preservation in Taiwan: A Legal Aspect Wen-Yan Chiau (National Taiwan Ocean University & National Sun Yat-sen University, Chair Professor; Apconf-5, liaison for Taiwan) Email: chiau0717@gmail.com ABSTRACT In order to preserve, protect and manage underwater cultural heritage (UCH) and to value the spirit of the UNESCO Convention on the Protection of the Underwater Cultural Heritage, in 2015 Taiwan passed its Underwater Cultural Heritage Act (UCHA). Although the law has been in force for seven years, there are still many important elements that have not yet been fully implemented. The main reasons are the insufficient capacity of the competent authorities, the lack of underwater archaeology talents, and Taiwan's special environmental conditions. For example, the implementation of in-situ preservation, the designation of UCH protected areas, shallow water survey technology, the establishment of a national research center of UCH, and the raising of public awareness and school education all need to be further studied and implemented. Therefore, this article will illustrate the intention of important parts of UCHA, as well as the challenges promoted by practice, and finally put forward some suggestions for future protection of UCH in Taiwan. It is believed that the experience of Taiwan may serve as a reference to other countries concerned. Key words: underwater cultural heritage (UCH), Underwater Cultural Heritage Act (UCHA), Taiwan. 1. INTRODUCTION In order to preserve, protect and manage underwater cultural heritage (UCH) and to value the spirit of the UNESCO 2001 Convention on the Protection of the Underwater Cultural Heritage (2001 Convention), Taiwan passed its Underwater Cultural Heritage Act (UCHA) in 2015. Although the law has been in force for several years, there are still many important elements that have not yet been fully implemented. The main reasons are the insufficient capacity of the competent authorities, the lack of underwater archaeology talents, and Taiwan's special environmental conditions. For example, the implementation of in-situ preservation, the designation of UCH protected areas, shallow water survey technology, the establishment of a national research center of UCH, and raising of public awareness and school education all need to be further studied and implemented. Therefore, this article will introduce the recent activities at UCH, illustrate the intention of important parts of UCHA, as well as the challenges promoted by practice, and finally put forward some suggestions for future protection of UCH in Taiwan. 2. RECENT ACTIVITIES IN UCH Since 2006, the Bureau of Cultural Heritage (BOCH) of the Ministry of Culture has promoted the “Project for the General Survey of Underwater Cultural Heritage in the Seas of Taiwan”. This has included the investigation of waters surrounding the Penghu Archipelago (Pescadores), Green Island, Matsu Islands, Dongsha (Pratas) Atoll, and Taiwan Island. The project has already progressed through four stages of assessing the overall value of UCH in the waters of Taiwan. As of the end of December 2019, a total of 90 specific targets had been found through underwater verification by the underwater archaeology team led by Dr. Cheng-Huan Tsang. Of these, 20 objects have been identified as shipwrecks and other specific target objects. Six of these have complete underwater cultural inventories (Shy 2016; Underwater Cultural Heritage Network 2022). 1 �3. ISSUES IN THE IMPLIMENTATION OF UCHA Taiwan’s UCHA consists of seven chapters and 44 articles. The chapters cover general provisions, rights attribution and international cooperation, activities directed at UCH, in situ preservation of UCH, excavating out of the water, penalty provisions, and supplementary provisions (Kuo et al 2017). The Act was adopted in 2015 and amended in 2022 with minor revisions. Although the law has been in force for several years, it has not yet been fully implemented. The key issues are summarized as follows. 3.1 Enforcement capacity of competent authority Article 2 of the UCHA clearly stipulates that “the competent authority of this Act is the Ministry of Culture (MOC).” Operationally, its subordinate agency – BOCH – is the responsible authority for day-to-day management. Under the BOCH, there are four divisions and a research institute. Of these, the “Underwater Cultural Heritage Section” of the “Division of Antiquities and Archaeological Sites” is the body that is responsible for all relevant UCH affairs (BOCH 2021). However, the BOCH is essentially a land-based authority that is located in downtown Taichung in the City of Taiwan, and it is without any vessel or port facilities for enforcement of the UCHA. In addition, the BOCH is also in lack of underwater archaeology professionals due to the limitation of budget and manning quotas. 3.2 Establishment of the national UCH research institute Taiwan has long anticipated the establishment of a research institute dedicated to UCH. Referring to similar foreign cases (e.g., the National Research Institute of Maritime Culture Heritage (NRIMCH) in Mokpo, Korea (UNESCO 2023); the Department of Underwater and Marine Archaeological Research (DRASSM) in Marseille, France (Ministère de la Culture 2023), Article 7 of the UCHA stipulates that the BOCH may “designate” a dedicated organization for the preservation of and research on UCH. However, UCH is a new concern for Taiwan and as yet there is no such research institute. In this regard, the former legislators Wen-Yan Chiau and Yi-Hua Lin proposed an amendment bill to amend Article 7 of the UCHA to say: “The competent authority may ‘establish’ or designate a dedicated organization for the preservation of and research on underwater cultural heritage, to perform any necessary investigation, research, excavation, restoration, education, promulgation, international cooperation, and other activities with respect to UCH.” This amendment bill was passed on 15 November 2022 (Liberty Times 2022). Even with the legal support, the establishment of national UCH research institute still needs more supports from the central government. 3.3 In situ preservation and UCH protection zones Echoing the spirit of the 2001 Convention, Article 27 of the UCHA expressly stipulates that “the preservation of UCH in situ shall be the first option considered, before any activities directed at this heritage are allowed or commenced.” Further, the proper means for in situ preservation may include record management, protection zones, or other proper preservation measures. When the review committees decide that it is necessary to designate a specific UCH protection zone, according to Article 28 of the UCHA, the BOCH should consult with the relevant authorities to designate and publicize it within the relevant area to preserve the UCH in situ. To allow for public engagement, Article 28 also stipulates that the authority should hold a public hearing or explanation session inviting civilians or groups with an interest in the area to attend. Since Taiwan still does not have a UCH protected area, it is necessary to learn from countries that ratified the 2001 Convention some time ago, in planning and management matters in the future. 2 �3.4 Conditions for UCH excavation In principle, the UCH should not be removed from the water. Pursuant to Article 34 of the UCHA, exceptions are limited to the following situations: (1) the UCH is related to the historical status or recognition of the nation; (2) if the UCH were absent, it could preclude a full understanding of human history; (3) the UCH is of substantial commercial value that could not be protected without removing it from the water; (4) excavation is necessary for investigating and conducting research on the UCH; (5) the UCH could not be sufficiently preserved, protected, or managed without being removed from the water because of an emergency or changes in the existing environment; (6) other situations in which the competent authority deems it necessary to remove the UCH from the water. When excavation is to be undertaken, pursuant to Article 35 of the UCHA, a preservation and maintenance plan for the UCH should be proposed at the same time. In this plan, “nondestructive technology and survey methods should be used preferentially.” In addition, people with expertise in underwater archaeology, underwater operations, and preservation science should collaborate to design the measures for the excavation or emergency response. For more than a decade, nevertheless, the UCH affairs in Taiwan have focused on general surveys, and there are still no plans to excavate UCH from its waters. Many opportunities for UCH research and presentation were missed due to the overly conservative mentality of officials, lack of largescale funding, and the expansion of in-situ conservation to a no-excavation concept, which made it difficult to excavate. 3.5 Public education on UCH Article 12 of UCHA stipulates that “the competent authority shall promote the underwater cultural heritage education at each level of school. After consulting the Ministry of Education, the competent authority shall stipulate regulations related to the implementation and encouragement of the aforesaid education.” Although the authorities have organized many popular science exhibitions, special lectures and training of underwater archaeologists in recent years, the promotion of UCH at all levels of schools has not yet been launched. 4. STRATEGIES FOR BETTER PRESERVATION OF UCH In response to the above issues and challenges, a number of strategies are proposed to strengthen the protection of UCH in Taiwan. 4.1 Raising the public awareness on the importance of UCH In addition to the aforementioned education about UCH at all levels of school, it is necessary to raise awareness of the importance of UCH among the general public. The BOCH has held many underwater archaeology exhibitions in recent years, and has also used new technologies such as Augmented Reality and Virtual Reality, which have attracted many people (Tung 2020). However, the popularity of these exhibitions is still insufficient; In particular, in order to properly protect UCH, it is necessary the public understand that underwater archaeology is not treasure hunting, but protection of the common heritage of mankind. 4.2 Involving the stakeholders and designating UCH protected areas The Regulations on Delineation and Management of Underwater Cultural Heritage Protection Zones are derived from Articles 28, 30, and 31 of the UCHA. Multiple stakeholders (e.g., diving associations and tourism companies) will be highly interested in the nominated UCH waters. Therefore, before designating UCH protection zones, negotiation among stakeholders, nongovernmental organizations, and relevant agencies is essential to 3 �promoting UCH preservation and management. The BOCH already held a first-ever workshop on March 28, 2023 in Green Island, Taitung County on the delineation and management of “Green Island Wreck No. 1”. To win support from the local stakeholders it is recommended that the BOCH organise more workshops, explanation sessions and public hearings. 4.3 Conducting a pilot excavation project of important shipwreck In regards to the multiple purposes of research, restoration, training, education and exhibition, Taiwan needs to go further to identify a valuable shipwreck for excavation. Surely, this activity shall meet the requirements of excavation regulated in Articles 34 and 35 of UCHA. UCH professionals from other countries could initially provide guidance on the excavation projects. 4.4 Facilitating the international cooperation on preserving stone tidal weirs Based on recent investigations, there are approximately 600 stone weirs in the waters of Taiwan, nearly 350 of which are in the Penghu Archipelago (Penghu National Scenic Area Administration 2022; Stoneweir.info 2023). This example of UCH is important because these are included in the project “Indigenous People, Traditional Ecological Knowledge, and Climate Change: The Iconic Underwater Cultural Heritage of Stone Tidal Weirs, ID 180”. This project forms part of the UN Decade of Ocean Science for Sustainable Development 2021–2030 (IOC 2021). In this regard, Taiwan is urged to actively participate in this international cooperation project to preserve its abundant stone tidal weirs. 4.5 Establishing the national research institute of cultural heritage Pursuant to Article 7 of the UCHA, the Ministry of Culture may establish or designate an institute responsible for UCH preservation, protection and management. It is believed that this national-level institute can best integrate various research resources, including technologies, professions and budgets. As mentioned earlier, the French DRASSM is a national-level research institute of 50+ years. Equipped with research vessels and many professionals, the DRASSM has participated in various international UCH projects and achieved fruitful results with stable budgets and operations. In 2009, the NRIMCH was established in Korea to promote the country’s maritime culture and exchange research results with other international research institutions or museums. These institutes are all worth referring to as Taiwan establishes its own. In 2022, Penghu County Government entrusted Dr. Cheng-Hua Tsang of the National Tsing Hua University to conduct a project to establish the National Underwater Cultural Museum. The first step is to establish a research institute for the museum. 4.6 Integrating the planning and management of all marine protected areas The marine protected areas (MPAs) is an umbrella name which may include national parks, fishery resource protected areas, national scenic areas, national monuments and marine sanctuaries. However, the administrative jurisdiction of MPAs is scattered among Taiwan's numerous agencies. As the Government is drafting a bill on the Marine Protection Act, there is an opportunity to integrate planning and management of marine protected areas, including natural and cultural heritage. 4.7 Actively participating the international organizations and related meetings Although Taiwan is not currently a member of the United Nations, many laws and policies still follow international treaties and initiatives. UCH is an emerging matter, and Taiwan does not have enough experience in this regard, and needs to absorb the experience of other countries. Therefore, Taiwan should actively participate in international organizations and 4 �relevant meetings and cooperate with other countries or regions to jointly protect the UCH. 5. CONCLUSION In 2015, Taiwan adopted UCHA in accordance with the spirit and intent of the 2001 Convention. The passage and enforcement of UCHA represents Taiwanese determination to preserve, protect and manage this common heritage of mankind. As UCH is a new affair in this country, Taiwan still lacks experience in law enforcement, professional manpower, related technology, protected area designation and underwater archaeology excavation. In particular, better planning and stable funding support are needed for school education at all levels and the establishment of specialized research institutions. Eight years after the enactment of the law, therefore, it is necessary for Taiwan to review its UCH protection performance, learn from countries that ratified the 2001 Convention some time ago, and formulate the steps and projects to promote UCH protection. Bibliography [1] Bureau of Cultural Heritage, Ministry of Culture (BOCH), Republic of China (Taiwan) (2021), Organization Chart, https://www.boch.gov.tw/home/en-us/Chart (Accessed 1 April 2023). [2] Kuo, C-C., Liao, C-P., Chiau, W-Y., Preservation of Underwater Cultural Heritage in Taiwan: Legislation and Challenges, paper presented at the Third Asia-Pacific Regional Conference on Underwater Cultural Heritage, 2017. [3] International Oceanographic Commission (IOC), UNESCO, Letter to Dr. Akifumi Iwaqbuchi, Ref.: IOC/VR/21.362/JB/AC/ml, 6 October 2021. [4] Ministère de la Culture, Department of Underwater and Underwater Archaeological Research (2023), https://www.culture.gouv.fr/en/Thematic/Archaeology/Actors-training/Archaeology-services-at-the-Ministryof-Culture/Department-of-Underwater-and-Underwater-Archaeological-Research (Accessed 3 Marc 2023). [5] Liberty Times, Adoption of the Third Reading of the Amendment to the Underwater Cultural Heritage Preservation Act, the competent authority may establish a dedicated institution, 25 November 2022, https://news.ltn.com.tw/news/politics/breakingnews/4123994 (Accessed on 4 April 2023) (in Chinese) [6] Penghu National Scenic Area Administration, Twin-Hearts Stone Weir, 12 May 2022, https://tinyurl.com/yvfh4nnm (Accessed 25 May 2022) [7]Shy, G-L., The preservation and reuse of underwater cultural heritage, In: Chiau, W-Y., and Huang, H-W., Blue Economy and Marine Conservation, The Proceedings of the 4th Symposium on Ocean and Taiwan, 2016, 310-338. [8] Stoneweir.info, The Records of the Stone Weirs, https://stoneweir.info/List?M=CAT001&S=All&P=1 (Accessed 10 April 2023). [9] Tung, Y-Y., A Review of Taiwan’s underwater cultural heritage dissemination works and future prospects, Journal of Cultural Heritage Sep. 2020 (53): 7-26. [10]Underwater Cultural Heritage Network, Taiwan’s Promotion of Underwater Cultural Heritage, Bureau of Cultural Heritage (BOCH) of Ministry of Culture, 2022, https://uch.boch.gov.tw/AboutHeritage/Promote (Accessed 4 April 2023). [11] UNESCO, National Research Institute of Maritime Cultural Heritage, https://en.unesco.org/silkroad/silk-roadinstitutions/national-research-institute-maritime-cultural-heritage (Accessed 28 April 2023). 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2023 Session 17: The 2001 Convention: from ‘constructive ambiguities’ to ‘destructive misunderstandings’ Subject The topic of the resource Session 17 papers Description An account of the resource Papers presented at Session 17 of the 2023 Asia Pacific Regional Conference on Underwater Cultural Heritage Creator An entity primarily responsible for making the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource November 2023 Rights Information about rights held in and over the resource Asia Pacific Regional Conference on Underwater Cultural Heritage Language A language of the resource English Rights Holder A person or organization owning or managing rights over the resource. Asia Pacific Regional Conference on Underwater Cultural Heritage Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Next Steps of Underwater Cultural Heritage Preservation in Taiwan: A Legal Aspect Description An account of the resource In order to preserve, protect and manage underwater cultural heritage (UCH) and to value the spirit of the UNESCO Convention on the Protection of the Underwater Cultural Heritage, in 2015 Taiwan passed its Underwater Cultural Heritage Act (UCHA). Although the law has been in force for seven years, there are still many important elements that have not yet been fully implemented. The main reasons are the insufficient capacity of the competent authorities, the lack of underwater archaeology talents, and Taiwan's special environmental conditions. For example, the implementation of in-situ preservation, the designation of UCH protected areas, shallow water survey technology, the establishment of a national research center of UCH, and the raising of public awareness and school education all need to be further studied and implemented. Therefore, this article will illustrate the intention of important parts of UCHA, as well as the challenges promoted by practice, and finally put forward some suggestions for future protection of UCH in Taiwan. It is believed that the experience of Taiwan may serve as a reference to other countries concerned. Creator An entity primarily responsible for making the resource Wen-Yan Chiau Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Chiau, Wen-Yan. 2023. “The Next Steps of Underwater Cultural Heritage Preservation in Taiwan: A Legal Aspect.” Edited by Jennifer Craig, Jay Mok, T. Kurt Knoerl, and Mariano Azna. In Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/1910 Asia-Pac Session 17 2023