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                <text>Underwater cultural heritage can only be safeguarded if we acknowledge it to be our shared heritage, not a treasure to be looted and sold. The 2001 Convention offers an opportunity for countries to cooperate in protecting underwater cultural heritage wherever it is located in the open seas. Without international cooperation, our common legacy continues to be at risk.</text>
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                    <text>Keeping artefacts in situ and preserving them once out of
the water:
Daily questions for a conservator-restorer in marine excavations
Olivier Berger1

Abstract
Working on a shipwreck means analyzing its cargo, taking samples and when access is possible,
studying the naval architecture. After publication, in many cases, closing and securing the site is
possible.
Excavating a settlement or an underwater city calls first to understand the site with a nonintrusive survey. State of the art investigation equipment such as multi-beam sonar systems, sediment
sounder, magnetometer with nuclear resonance allows us to start drawing the map of the
establishment. Diving is necessary to check details, to make stratigraphic sections, or to understand
structures. This brings up often thousands of artefacts.
Keeping most of the artefacts at the bottom of the sea and storing them in a special
underwater storage place with an inventory number is a good solution, but it is also necessary to bring
some objects in an atmospheric environment for study, as a reference or because they are too fragile,
precious or unique to be left underwater. They will be then on display in a museum or will tour the
world.
We are therefore regularly confronted with a sudden flow of artefacts literally inundating a
laboratory but also drying out its budget.
Our experience through sunken cities excavations in Egypt has taught us ways to anticipate
these waves of artefacts in needs of treatment and to adapt our policy of excavation and the
techniques for underwater conservation-restoration.

Introduction
Working on a shipwreck means analyzing its cargo, taking some samples and when
access is possible, studying the naval architecture. After publication of the site, it is
often possible to close it still protected and monitored. Once the work is finished, in
order to protect and preserve the site in situ, we cover the site with geotextiles. We
proceed then to rebury the ship under sediment with the water dredge. To control the
stability of the site, it is possible to measure the amount of oxygen. To control the
stability of metal artefacts it is important to measure the oxydation-reduction potential.
The procedure and the evaluation of some techniques concerning in situ preservation
are described in details in Ms Vicki Richards’ paper presented in this conference.
Site and cargo could be in situ protected. from scuba looters, by means of an
iron cage, creating a giant underwater safe, has been made in Croatia, The heavyduty cage is equipped with a large door that is always locked with occasional access
only granted to divers under strict supervision.
But if it is relatively easy to preserve small sites in situ, it is more complicated
to preserve a large settlement, not to mention an underwater city. Our main goal is to
use the least intrusive approach to study the site. Our non-intrusive survey methods
use the latest investigation equipment such as multi-beam sonar systems, sediment
sounder, and a nuclear resonance magnetometer that allows us to undertake the
mapping of the establishment. Diving is also necessary for checking details, maping
stratigraphic sections, understanding the structures and bringing up artefacts that can
often include an amount up to a few thousand.
The archaeological community agrees nowadays that it is important to
preserve as much as possible in situ of our underwater cultural heritage. In our
1

Basel, Switzerland

�excavations we try to find a way in order to study the site while keeping most of the
artefacts at the bottom of the sea, and then store and rebury them in a special
underwater storage place. Despite these measures it is impossible to avoid having to
deal with a large amount of artefacts coming up to the surface.
Thanks to our experience with the excavation of three sunken cities in Egypt
we were able to anticipate these flows of artefacts in need of treatment and adapt our
excavation policy accordingly.

Field practice and experience
The European Institute of Underwater Archaeology (Institut européen d’archéologie
sous-marine, IEASM) lead by Franck Goddio (2008), has been excavating in Egypt
for more than ten years. We are working in the Nile delta and more precisely in
Alexandria and the Bay of Aboukir where we found, under the sea, the ancient
sunken cities of Canopus and Heracleion. The excavations cover a very large
surface. Our working area on the eastern harbour of Alexandria covers 3.5 km by 1.5
km or over 500 hectares.
Despite working in dirty water, which is polluted by the city sewage, we try as
much as we can to preserve the material we discover in situ. Up to now, more than
15,000 artefacts have been found. We were able to keep most of them in situ, in the
underwater site. Stonework was the main part of the abundant material. We also
found objects made of organic materials, ceramics, glass and various kinds of metal.
These sites are unusual because they have been abandoned following several
natural cataclysms and have not been reoccupied. The corpus of artefacts includes
mainly objects dating from the Ptolemaic Period till the end of the Byzantine Period.
The archaeological excavations benefit from a conservation and restoration
laboratory aboard a ship, thus enabling objects to be treated as soon as they emerge
from water. The first stages of conservation are thus carried out on the ship, and the
complementary treatments, which require heavier equipment, are carried out on land,
at a laboratory in Alexandria.
The majority of the stones discovered on the three sites are linked to a
structural environment like walls from buildings or docks, floor or pavement, noria the Egyptian machine used for lifting water-, columns, and other elements of
construction. These architectural stones have been preserved in situ. In some cases
a reburial under sediment was necessary to avoid physical, chemical degradation
and biological alteration. All these structures were studied, drawn, photographed, and
precisely repositioned and left at the original place where they were found.
In the eastern harbour of Alexandria, where the royal quarters were, we found
pavements and broken columns in situ. This is where our way to protect the site, and
to keep artefacts underwater with a project of an underwater museum can be seen.
The underwater museum is still a project with numerous technical questions such as
stabilising a polluted marine environment, and minimising the deterioration of
artefacts. It will be a technological prowess and the architect Jacques Rougerie will
turn our dreams into a museum under the sea.
We discovered more than one hundred stone anchors not linked to any
shipwreck. We decided to keep them in situ. We asked an Egyptian student to study
them and create a typology of the anchors, and then publish the results. These
anchors are of many types and sizes. Most of them are made of limestone. The
anchors represent a typical artefact, which is easy to study scientifically in situ.
In situ preservation is the best policy to adopt for these kind of objects.
Anchors, cannons and even amphorae can quickly overfill a storage room. Too many

�museums are crowded with the display of these kind of objects, which are heavy and
bulky. It could be now time to move away from the usual methods of excavation and
recovery towards a new way of preserving and presenting this type of underwater
cultural heritage. Some other voluminous stone objects such as milestones,
sarcophagus, worked on architectural blocs, naos are also kept in situ in their original
position. For smaller objects we have a different approach.
In one area of the ancient city of Canopus we found a large number of black
basalt fragments of sphinxes. The pieces did not fit together. It became quickly clear
that they belonged to a workshop for cutting and reusing stone. For this kind of
smaller stone objects or fragments a special technique is used. Each piece is
precisely mapped on the bottom of the sea with a Global Positioning System (GPS).
It receives a number and is lifted out of the water. It receives then a basic cleaning, is
identified, described, measured, photographed and sometimes drawn. Once all the
data are registered, the pieces are brought back to the site in a storage area.
Usually the storage places, also call “parking”, are deeper area where it will be
easy to bury the artefacts under sediment without creating an underwater hill. When
the area is full, it is covered with sediment. Another place with a new number and
with its precise localisation is then chosen as the following “parking”. Not only stones
are stored in these “parkings”, but also ceramics and metal artefacts. Storage areas
are frequently reopened to allow the archaeologists to verify, check or pick up some
objects. In doing so, a large quantity of sand has to be removed but the objects can
be easily found since they are precisely documented. All the objects keep their
number underwater with a system of plastic tags; they are packaged in a plastic net,
and secured inside plastic boxes covered with sand. The precise situation of each
artefact is noted in the database.
In order to find a way to study the inscribed artefacts and let them remain in
situ, we developed an interesting method of underwater stamping. Our discoveries
brought up some stone objects bearing inscriptions or decorations. Some of the
inscriptions are in Greek but the majority of them are in hieroglyphics. Most of these
artefacts are on very big blocks. This fact raises the question of how to study these
inscriptions when the specialists are not all divers and live in different parts of the
world? As a rule, this kind of large inscribed blocs of stone stay in situ. To allow the
study of inscriptions we started using a new method enabling us to take a print
underwater. Developed by Georges Brocot from France's Direction des recherches
archéologiques subaquatiques et sous-marines (DRASSM) this technique makes it
possible to have the exact stamping of the inscription.
The first step is to clean thoroughly the stone from any incrustation. A cloth
coated with a pasty silicone is then laid on the surface of the stone to act as a stamp.
The fabric is afterwards covered with a sheet of lead which is hammered in such a
way that the silicone is in contact with every detail of the inscription. The
polymerisation of this special silicone occurs in at least twenty hours. It is then
possible to remove the fabric. The inscription appears printed in negative. This
method allows also the stamping of other details such as tool traces or technological
details. This silicone membrane, the faithful reproduction of the original, can be
studied directly by the specialist epigraphist. Pictures in raking light reveal all the
details, as the original would have done.
Conserving waterlogged organic material in situ is almost as difficult a
challenge as to preserve it in an atmospheric environment. When we discover a
small waterlogged organic artefact like basketry, rope, textile or a wooden object, it is
very problematic to preserve it in situ because the stable state in which it was kept in
the sediment is interrupted. Physical deterioration such as stream flow, sand

�abrasion, biological alteration like Teredo navalis, bacterial and chemical destruction
process of the cellulose will prevent keeping a small organic object after its discovery.
Even so, we do not have the equipment to stabilise waterlogged wood, we have no
budget to treat it and no place to store or exhibit the huge pieces of wood. In most
cases we mainly have to keep the wood in situ, like a shipwreck or parts of building
construction.
The scientific interest to have the artefacts out of the water is low because the
study can be done under water. The main problem is to keep them under water
without deterioration or minimise it. When possible, we leave the organic element
partially covered with the original sediment and we avoid letting it float and move with
the current. We simply rebury the wooden artefacts under a large quantity of
sediment without any protection between the wood and the sediment. When it is
possible, we put bags of gravel or sand to serve as weight on top of the sediment.

General lines and rules for underwater conservation-restoration
Any project involving direct actions on cultural heritage requires a conservator
(Ref. definition of the profession, ICOM-CC 1984).

We still lack some methods and technology to treat a few specific types of artefacts.
It is therefore greatly safer to keep them in situ. Current technique does not allow
without risk the treatment of several artefacts such as graphitised cast iron, wrought
iron loosing his original surface, peeling or sugaring silver objects, mineralised lead,
some composite artefacts, organic material like basketry and even wood, peeling like
an onion potassium glass, cracking frit or faience, disappearing colours on faience,
etc. In some cases we are not equipped to treat a certain type of material. Or the time
spent working on one object would be scandalously high and indefensible in a
budget. Thus, instead of trying to stabilise an object out of seawater, it is sometimes
better to keep it in the environment of its discovery and to monitor its conservation in
situ. It is necessary to think carefully before lifting an object out of water. Is it possible
to stabilise it? Will there be an adequate budget? What will happen to the object after
it has been treated? And is there a definite purpose to take it out of water?
Beside a scientific purpose or from an aesthetic point of view, conservation
reasons can lead to the decision to take away an object from salty water. It is
sometimes impossible to keep artefacts in situ underwater because the artefact itself
or the information carried by the object would otherwise be lost. A rope, a basket or
a textile will not resist for a long time when the excavations are in the Nile delta with a
fast moving stream and strong erosion. One area will be covered with a huge sand
dune while a few months later the archaeological floor level will be visible.
Fishermen with their nets are frequently moving big blocs weighing several
tons over hundreds of meters. Their anchors could also simply plough an
archaeological layer or destroy a wall. Regularly, our working area with its iron tubes,
meters, positioning lines and its system of water dredge is destroyed for the same
reasons.
The pollution can be extreme. We are working in the Bay of Aboukir in front of
a chemical fertiliser factory and in the eastern harbour of Alexandria the sewage
system of a city of more than 3 million inhabitants is pouring directly over us. Our air
tanks are corroding so quickly in this aggressive environment that we can expect the
same phenomenon to attack the nearby archaeological metal items.

�Objects found under the sea are generally covered by concretions of sediment
associated with marine organisms. In Alexandria, the water is so murky that marine
organisms are covering everything in just a few days. In a few months the thickness
of the concrete deposited makes the objects unrecognizable, no detail, not even the
form of the objects can be distinguished, just a smooth relief. Even on artefacts
usually known to be biocide such as lead and copper alloy concretion can grow very
fast.
Even if the general policy is to protect and preserve sites in situ, when work
starts, archaeological material appears. Various reasons make it necessary to bring
some objects in an atmospheric environment: study, need of reference or samples,
extreme fragility, preciousness or uniqueness. It is important that these objects do not
stay underwater. They will be then on display in a museum or will tour the world on
exhibitions. Sudden flows of artefacts thus happen regularly, flooding the laboratory
with water buckets, crowding a storage room which is not big enough and absorbing
a budget too small to cover the cost of restoration and long term conservation.
It is a utopia to think of being able to study a site without having artefacts on
the surface. A conservation program is therefore absolutely necessary before starting
to work on a site. Patrice Pomey (1981:26) said, “no underwater excavation should
be undertaken without the certainty that the objects it exhumes can be treated, lest
they deteriorate and disappear.” Colin Pearson (1984:81) said, “Today, underwater
excavation without conservation, it’s purely vandalism.” This fundamental idea is not
yet a trend, and unfortunately nowadays we can still observe too many underwater
excavations without a real appropriated program of conservation.
The times when the divers were in charge of the artefacts, taking care
themselves to clean the objects with their diving knife and putting them in fresh water
for a long time is not so faraway. Unfortunately, it still exists in many excavations.
The role of the professional conservator is essential to the smooth running of an
underwater excavation. The conservator should be part of the team because the
benefits resulting from the collaboration are invaluable. It is no longer a luxury - if it
ever was - to have a conservation specialist at the site but rather a necessity.
Conservation and restoration of underwater heritage must start as soon as a
site is discovered. Conservation is not the mere application of techniques and
treatment processes but is a vital stage within the excavation. In an archaeological
excavation, it is incumbent upon the conservator to register all the information that
the objects convey. This documentation, sometimes supported by analyses, is not
the ultimate goal concerning the objects. They must also be stabilized to ensure their
survival, and sometimes, aesthetically improved for museum purposes. The
conservator specialist of underwater heritage plays an important role, although the
least visible, but the most important task is the long-term stabilization of the objects.
An essential motto is: do not settle for make-up on items, but take the time to perform
lengthy in-depth stabilizing treatment and especially for long-term preservation of
underwater heritage.

Conclusion
The objects coming from the port of Alexandria and the bay of Aboukir represent in
the conservation laboratory only a tiny fraction of what we really discovered. We
slowly changed our traditional way of excavating for a new way that emphasizes the
in situ study of the artefacts and the site itself. We manage to preserve as much as
we can the objects in situ and the integrity of the site. But it is a utopia to think it is
possible to study a site without having artefact coming onto the surface. Therefore, a

�program of conservation is an absolute necessity before to start the work itself on a
site. The professional conservator specialized in conservation and restoration of
underwater heritage is not only working in a laboratory, but also has to be involved
on the site, even before the archaeological work starts. This is an entire member of
the scientific team.
This successful collaboration is clearly visible in the results the IEASM
obtained in Egypt. Respect and protection of the integrity of the objects are parts of
the ethics of our profession. Our goal is to succeed in making the objects visible to
the general public, accessible to researchers, and stabilized to be passed on to
future generations.

Bibliography
Goddio, F.,
2008
ICOM-CC
1984
Pearson, C.,
1984
Pomey, P.,
Gianfrotta, P.A.,
1981

Egypt’s sunken treasures, Prestel.
Code of Ethics of the International Council of Museums,
Copenhagen.
“La conservation du patrimoine subaquatique“, in La
sauvegarde du patrimoine subaquatique, UNESCO, Cahier
Technique , 4, pp. 80-110.
and L'archéologie sous la mer, Fernand Nathan, Paris

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&#13;
Keeping most of the artefacts at the bottom of the sea and storing them in a special underwater storage place with an inventory number is a good solution, but it is also necessary to bring some objects in an atmospheric environment for study, as a reference or because they are too fragile, precious or unique to be left underwater. They will be then on display in a museum or will tour the world.&#13;
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We are therefore regularly confronted with a sudden flow of artefacts literally inundating a laboratory but also drying out its budget. &#13;
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                    <text>Lacustrine battles carried out by the Mexica people:
Use of war canoes in Tenochtitlan
Mariana FavilavVázquez
UNAM
México D.F. 04340
México
Email: mariana.favila@gmail.com

Abstract
There have been multiple studies in relation to the political, military and ritualistic
confrontations between ancient societies, which have been carried out to address the
problem of war in pre-Hispanic times. In particular, we are interested here in
approaching the problem of the existence of an armed navy which participated in the
confrontations that took place in the lake that surrounded the Mexica capital, before and
during the process of conquest, in order to propose some guidelines which may help us
to understand the complexity that hardly looms, in relation to these lake battles. By
turning our attention to the spatio-temporal context that interests us, the Mexica in the
Late Post Classic period on the island of Tenochtitlan-Tlatelolco, we have found
evidence regarding the fact that the canoes, in this sense, seem to have worked as a
specialized mechanism within this context, providing huge advantages to its users for
defense and offense during the fighting tactics involving both land and water
confrontations.
Keywords: Mexica, canoe, navigation, war, lake, Mexico, Spain, nautical, archaeology

Introduction
It is possible to identify in the case of Mesoamerica, some examples of scenes where
we can recognize boats driven by what could be described as armed commandos; such
is the case of sheets 75 and 80 of the Nutall Codex, where Lord 8 Deer, with his half
older brother, Lord 12 Movement, join the Lord 4 Jaguar in his expedition to conquer the
Gulf Coast, by navigating in what appears to be war canoes (Jansen, 1997).There are
many interesting scenes represented in Maya vases photographed by Justin Kerre
where we can observe diverse deities fighting against marine monsters in their canoes
(Grofe, 2007). Another example is the mural paintings found in several Chichén Itzá
buildings; in the interior walls at the Warriors Temple were discovered two murals which
were reconstructed by Earl Morris in 1930: Attack on a town and captive holding and
Coastal town (Staines, 2004). Many of the Mexica examples will be described in the
1

�next lines. As we can see, the use of canoes in different kind of water battles in
Mesoamerica is unquestionable, nevertheless, in the case of the Mexica, there has
been a constant discussion regarding the existence or inexistence of what could be
described as an armed navy (Bravo, 2005; Hassig, 1992). Starting from this point and
with the evidence presented in the next lines, we propose that there was no such thing
as a specific Mexica navy, but one armed body capable of using both land and water
with the purpose of fighting. And yet so, those canoes used in war activities, were also
part of the complex military system in which they functioned as attack and defense
mechanisms, and not only functioned as a mean of transportation. Such seems to have
been the relevance of the boats in the pre-Hispanic context that in the 04v sheet of the
Mendocino Codex there is a scene where some Mexica warriors were murdered by
Chalco people, who also took the trouble to destroy their canoes. From the matter
exposed above, we make the next questions to the available information: which was the
logistic in the Mexica fleet? How were their boats? Is it possible to characterize a naval
Mexica tradition that confronted the Spanish maritime tradition? We will try to develop
some answers to this and also formulate some others that we can’t answer yet.
What has been said about the Mexica lake battles?
Let us now consider the space and time context, which interest us: the Mexica society
during the Late Post classic period in the Tenochtitlan-Tlatelolco Island. We have
already mentioned that any attack to the population within the lake probably demanded
a considerable military effort, war material and specialized resources both by them and
by their enemies (Goñi, 2008). The written sources made by the witnesses soldiers of
the battles, or by some of the chroniclers such as Fray Diego Durán or Fray Bernardino
de Sahagún, give us a vast amount of information about the functioning of what has
been described as the Mexica fleet. Fray Juan de Torquemada, for example, tells us
about this the following:
[…] the Mexica ns, not only did they exercised in making boats, to run along the
lagoon, leading far ahead in the fisheries and hunts within it, contracting with all
the people, filling with supply their city, but also they garnished their boats and
canoes, exercising themselves in the things of war, by water, understanding that
from now on it would be necessary to be right and provided in the military art,
2

�since they always needed to free their city, by the force of weapons (Torquemada,
1975-1983: 151).
The chronicles written by Bernal Díaz del Castillo and Hernán Cortés, have been
studied before by historian Isabel Bravo Bueno, who took their stories as primary
sources so she could describe the war activities in which canoes were the protagonists
(Bravo, 2005). In relation to this subject, author Ross Hassig has established that
tactical use of the boats could have resolved logistics problems, by minimizing transport
costs and time, this for the towns in the lakeshore and also for the people living in the
island, which were also rapidly reachable (Hassig, 1990). In our case, in order to
approach the subject, we will expose other examples of lacustrine battles which are
described in colonial sources; this will allow advancing some initial guidelines in our
conclusions.
Battles carried out by Mexica before and with the arrival of the Spaniards:
recognizing some tactics in the lacustrine warfare
The first fight against Culhuacan
Regarding the confrontation that Mexica

had with the Culhuacan people before

Tenochtitlan was established, when the leader of the second ones, Achitometl,
recognized his daughter flayed in a ritual organized by the Mexica , Fernando de
Alvarado Tezozómoc described in his Mexica n Chronicle, a specific moment when
these found themselves cornered in the lake (Tezozómoc, 1980). In order to save
themselves it was necessary that they ran away navigating in some cane rafts built in
that precise moment. This passage has been drawn in the Aubin Codex; where there
are four characters sailing in the above mentioned rafts. What is interesting about these
is that in the Mexica yotl Chronicle, Tezozomoc tells another version of the same facts,
where the Mexica s crossed the lake by sailing in their own shields:
Culhuacans then pursued the Mexica ns, by throwing them to water, and when
they were thrown here they conquered a place called Acatzintitlan, when
Culhuacans got angry, then perhaps they hid in the water. Then when they
were pursued by the Culhuacans, they crossed in here sitting on their shields
(Tezozómoc, 1998: 58).

3

�There is a painting in the 11 sheet of the Azcatitlan Codex where this scene is
represented, and where we can observe the Mexica sailing their chimallis1.Both
versions present different perspectives about the matter of our concern due to the fact
that the ability to construct rafts in the first version lets us know that this people already
carried with them some kind of knowledge about the use they could give to canoes and
how to appropriate the lake. On the other hand, Pablo Escalante Gonzalbo has
developed the possibility that the second version involving the shields may be related
with some European stories that may have arrive to the hands of both the authors of the
written and the painted versions. We must remember that indigenous identity in the XVI
century was not isolated from the European Renaissance humanist culture. In the
version where the escape is carried out with the use of the defensive weapons (the
chimallis or shields), seems to be related to a crucial episode in the history of Rome in
which the people had to defend themselves from the Etruscans. Escalante refers to
author Andrea Alciato and his oeuvre Emblemata, a popular text from the time of
Renaissance humanism that was studied in rhetoric classes at universities in the
colonial Mexico (Escalante, 2008).Here we will emphasize the following: based on the
story told by Tezozómocin respect to the fighting between Mexica

and Culhuacan

before the foundation of Tenochtitlan, and those images in the codices referred to
above, we may at least say that in the memory of the mestizo author and those tlacuilos
(painters) who created the pictorial documents it is possible to infer the need to transmit
an episode in the early colonial discourse, where before the establishment of the
Mexica capital a basic handling of some form of water transport is recognized at a time
of military confrontation.
The Tenochcas fight against Cuitlahuac
It is important to also mention the military campaign which Mexica ruler, Itzcóatl, made
against the people of Cuitlahuac, an island between Xochimilco and Chalco. Fray Diego
Durán actually describes how by the times of Itzcoatl, the Mexica already had many
enemies since they were so tenacious thanks to their control of the lake (Durán,
1967).The reason why the Mexica

confronted Cuitlahuac is that Xochitl Olinqui,

Cuitlahuac’s tlahtoani (governor), felt offended after the Mexica invited Cuitlahuac’s
women to dance in honor to Huitzilopochtli. And so a war started, and Mexica soldiers
4

�had to fight in the lake and won the battle. There were other successful conquers by
Itzcóatl in Tenayuca, Tepanohuayan, Toltilan, Cuauhtitlan and Xaltocan, and Isabel
Bravo Bueno has attributed this success to the use of the canoes which benefited the
logistics and tactics of the war (Bravo, 2005).
The clues to identify who were those that fought in the canoes
One of the arguments that makes it harder to recognize the organization of an armed
group exclusively created to fight in the lakes, is the fact that there are some historical
passages that describes how the abilities of the average people were used during
lacustrine battles. It seems that in some cases, the warriors who fought in land were
transported in the canoes by skilled rowers during the fight, and also that the same
fishermen and bird hunters took part when it was necessary, maybe to make up for the
lack of a group specifically trained to combat in the lake. During Axayacatl’s rule in
Tenochtitlan, a bloody battle occurred between Tenochcas and Tlatelolcas, when these
last ones found one of their dikes completely destroyed, preventing the transit of
canoes. Tlatelolco’s ruler, Moquihuixtli, tried to convince the Huejotzingas and
Tlaxcaltecas that all together should fight the Tenochcas, though the first ones denied
participating in such wile, the ruler decided to continue with the affront. Before the fight,
the king Moquihuixtli summoned more than a thousand young fisherman and bird
hunters from Tlatelolco, in order to create an effective army against the Tenochcas.
Previous to the battle, the governor tested them by faking a great bird hunt in the lake.
This seems to surprisingly reveal some kind of training in the operation of the canoes
and the practice of attacks (Durán, 1967:254-255).
This story was written by Fray Diego Durán, and in it we could glimpse the possibility
that in effect, young fishermen were trained or at least selected by how they managed
their weapons and canoes. By following this reasoning we dare to question: Perhaps
this story alludes to the eternal condition of the Mexica as hunters and lake fishermen?
We must remember they were such even before arriving to the Mexico Lake, according
to their own history. We need to consider that relation between men and lacustrine
environment had already been developed before Mexica people arrived to the Basin of
Mexico. It seems to be, that trough all their history, the need to be constantly identified
with a society that could dominate the water bodies (since that group that started its
5

�journey from the mythical city of Aztlan was formed by skilled fishermen) would justify
their settlement choice in the Tenochtitlan Island. Their way of life was clearly
impregnated by a lacustrine identity, and so they created for themselves a history
according to that essentially aquatic universe (Espinosa, 1996).
The last battle in the lake: Mexica people against Spaniards and their indigenes
allies
The main information about the lacustrine battles that took place around the Island of
Tenochtitlan is available directly in the Spanish Chronicles. Nevertheless we must
remember that not all of them were eye witnesses of the events, and those who were
had a tendency to exaggerate some of their data in order to fulfill a specific purpose.
One thing is sure, and this is that the Spanish soldiers rapidly realized they were in
major trouble since the most effective mean of movement in the lake were the canoes
(Goñi, 2008). Among the first mentions regarding this way of transport, we found one
where Hernán Cortés lets us know that they were used to immediately escape from
Tenochtitlan the minute the Spaniards arrived.
[…] certain Spaniards got into some high rooftop, where they could subjugate the
entire city, and saw how all natural disarmed her and ones, with their properties,
they entered the lake with their canoes, they call acales and others went up to the
mountains (Cortés, 2002: 137).
From this passage we also obtained the information related to the canoe name in
Nahuatl, according to the Vocabulary of Fray Alonso de Molina they were named acalli
(Molina, 2008). About those canoes utilized in the battles, there seems to have existed
at least two types. One of them with no difference between the flat fore and aft as it is
possible to observe in the 45 sheet of the Lienzo de Tlaxcala. The other type is a
reinforced canoe, with wood boards integrated in such a way they worked as shields to
protect the soldiers from fire and attacks as Bernal Díaz del Castillo and Isabel Bravo
Bueno lets us know (Bravo, 2005):
[…] and since the musketeers and the crossbowmen shoot those who went in
canoes, they had them well armed with wood boards, and behind these
boards, they were kept well (Díaz del Castillo, 2007: 299-300).

6

�And so, they were two ways of protection used by the warriors: their own shields
integrated into the canoes as it is observed in the sheet 45 previously named, or well,
the wood boards as observed in the 154 sheet of Florentine Codex. Regarding the
attack tactics, the same kind of tricks developed in land were used in the lakes.
Sometimes sunken traps were used to plunge enemy boats and other times by faking
runaways and then returning to attack (Bravo, 2005). There is also an interesting
description by Sahagún where an attack tactic consists in the coordinated action of two
pairs of warriors, each one with an eagle warrior and a jaguar warrior. Together in a
canoe they travel fast against the enemy; then the other couple does the same, not
without first hiding the insignias which are described to be carved in the boats. This may
lead us to think that the warrior’s boats had an easily recognizable distinctive:
When the Mexica n warriors saw what they were doing and plotting, then they
started to think what they would have to do. And after they thought it, right away
there comes a boat; very slightly they went rowing and put it on the wayside.
There was not any badge to be seen, since they were well covered. Right away
comes another canoe. Also with careful and excuses they were rowing. And
then again two boats come: and thus they were four (Sahagún, 1975: 785).
The only pictorial example related to the passage above mentioned is in the 41 sheet of
the Lienzo de Tlaxcala, where it can be observed a scene where Hernán Cortés arrives
to Texcoco. On the upper left sector of the image there is a canoe with the bow carved
in the shape of the head of what could be an eagle. It is important to reinforce the idea
that the battles that took place around the Island implied that land and lacustrine attacks
became a unity. From the combination of both armed bodies it has been deduced that
army included with no doubt, naval war. Even author Ross Hassig uses the term in
Nahuatl, chimalacalli in order to refer to this armed body, even though the Molina’s
Vocabulary does not register it. Actually, this word appears constantly in the twelfth
book of Sahagun’s oeuvre, referring to the ships that had an integrated defense
dispositive, those war canoes previously described. In that case it would make sense
that Hassig used this word to describe a “naval militia” inside the Mexica army, although
this one may not have really existed.

7

�In order to conclude
We must indicate that we agree with historian Isabel Bravo Bueno about the fact that for
now it is possible to say that those who lived in the lake surroundings, this means,
fishermen, bird hunters, rowers and those who had the abilities to navigate the canoes,
were also capable to form part of this “Mexica n navy” that troubled so much the
Spaniards in their attempt to conquer Tenochtitlan and Tlatelolco (Bravo, 2005; Favila;
2011). And so, we have tried to delineate some of the ways and tactics that took place
during the lacustrine battles. Regarding the existence or not, of a military body
specifically created to attack by water, with the historical sources analysis and the
pictographic evidences, it is not possible to reach a conclusive answer yet. But we do
believe that some clearance is reached if we take into account that the naval militia that
Ross Hassig referred to, may actually indicate the existence of those war canoes, or
maybe, the author was using the term chimalacalli2in its plural condition (sometimes a
word in Nahuatl does not need a grammatical mark for plural) and for this reason he
assumed the existence of the armed navy. We must not forget also, that according to
written sources, those who navigated the war canoes were actually rowers dedicated to
this (Sahagún, 1975), and not properly the warriors. Finally, we believe there is still
much to say about the canoes with badges, since there is still much to rescue from the
many references to lacustrine battles in the old texts. In general, it seems to be that
canoes may have played a role as one of the symbols of the Mexica control around the
lake region, since they carried the capacity to dominate and rule the lacustrine basin,
giving shape to a particular way of life which allowed the success of a society that
managed to appropriate the lake.
Acknowledgement
I would like to thank Carlos Ausejo and Alexandra Biar for the invitation to be part of the
Pre-Hispanic Navigation session, and also to the APCONF 2014 planning committee for
accepting my proposal to be part of the program.
Endnotes
1

Accordingly with the Vocabulario… of Fray Alonso de Molina, chimalli refers to some

kind of shield (Molina, 2008).

8

�2

Perhaps this word is also related to those versions mentioned above where the Mexica

s fought the Culhuacans, and because of that they had to navigate in their shields.
References
Bravo, I., 2005. La guerra naval entre los aztecas. Estudios de Cultura Náhuatl, Vol. 36:
199-223.
Cortés, H.,2002. Cartas de Relación. Editorial Porrúa, México.
Díaz del Castillo, B.,2007.Historia verdadera de la conquista de la Nueva España.
Editorial Porrúa, México.
Durán, D., 1967. Historia de las Indias de Nueva España e Islas de la Tierra Firme.
Editorial Porrúa, México.
Escalante, P., 2008. Humanismo y arte cristiano-indígena. La cultura emblemática entre
colegiales, artistas y otros miembros de las elites nahuas del siglo XVI. In Pablo
Escalante Gonzalbo (Coord.), El arte cristiano-indígena del siglo XVI novohispano y sus
modelos europeos,Centro de Investigación y Docencia en Humanidades del Estado de
Morelos, Cuernavaca, Morelos: 9-27
Espinosa, G.,1996. El embrujo del lago. El sistema lacustre de la Cuenca de
México en la cosmovisión Mexica . Universidad Nacional Autónoma de México,
Instituto

de

Investigaciones

Históricas,

Instituto

de

Investigaciones

Antropológicas,México.
Favila, M., 2011. La navegación en la cuenca de México durante el Postclásico Tardío.
La canoa en el entramado social Mexica . Escuela Nacional de Antropología e
Historia,México.
Goñi, G., 2008.Las conquistas de México y Yucatán. Instituto Nacional de Antropología
e Historia, México.
Grofe, M. J., 2007. The recipe for rebirth: cacao as fish in the mythology and
symbolism of the ancient Maya.Independent works from the Foundation Research
Department, Inc.
Hassig, R., 1992. War and society in ancient Mesoamerica. University of California
Press, Los Angeles.
1990. Comercio, tributo y transportes: La economía política del Valle de México
en el siglo XVI. Editorial Alianza, México.
9

�Jansen, M., 1997.La Princesa 6 Mono y el Héroe 8 Venado: una epopeya mixteca.
Historia del Arte de Oaxaca, Gobierno del Estado de Oaxaca, México: 211- 237.
Molina, A.,2008. Vocabulario en lengua castellana y Mexica na y Mexica na y
castellana. Editorial Porrúa,México.
Sahagún, B.,1975. Historia general de las cosas de la Nueva España.Editorial
Porrúa,México.
Staines, L., 2004. Pintura mural maya. Revista Digital Universitaria, Vol. 5 (7): 1-14.
URL: http://www.revista.unam.mx/vol.5/num7/art40/ago_art40.pdf
Tezozómoc, F., 1998. Crónica Mexica yotl. Universidad Nacional Autónoma de México,
Instituto de Investigaciones Históricas, México.
Tezozómoc, F., 1980. Crónica Mexica na. Editorial Porrúa, México.
Torquemada, J.,1975-1983. Monarquía Indiana. Universidad Nacional Autónoma de
México, Instituto de Investigaciones Históricas, México.

Biography
Mariana Favila Vázquez is an archaeologist who graduated from the National School
of Anthropology and History (ENAH), and is currently studying her master’s degree in
Mesoamerican Studies at the National Autonomous University of Mexico (UNAM), with
specialization in Mesoamerican Archaeology. She has developed some studies
regarding the Pre-Hispanic navigation in Mesoamerica and coordinated some
seminaries concerning this subject in order to expand the interest between degree
students.

10

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                  <text>Navigation was not unknown in the Americas, at the Spaniards arrival different kind of vessel were in use both in the Pacific and the Atlantic shores, as well as in lakes or rivers. Canoe, reed rafts, balsa log raft and others skin based watercraft have been described mainly on historical records and gave us an idea of this technologies. Although it is clear that long and short distance maritime trade routes were in use and watercraft were also involve in war activities and other maritime activities, archaeological evidence related with actual boats has been elusive to find. Still some of these traditions have survived time and in use with some changes and others were incorporated to European navigation traditions.&#13;
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                <text>There have been multiple studies in relation to the political, military and ritualistic confrontations between ancient societies, which have been carried out to address the problem of war in pre-Hispanic times. In particular, we are interested here in approaching the problem of the existence of an armed navy which participated in the confrontations that took place in the lake that surrounded the Mexica capital, before and during the process of conquest, in order to propose some guidelines which may help us to understand the complexity that hardly looms, in relation to these lake battles. By turning our attention to the spatio-temporal context that interests us, the Mexica in the Late Post Classic period on the island of Tenochtitlan-Tlatelolco, we have found evidence regarding the fact that the canoes, in this sense, seem to have worked as a specialized mechanism within this context, providing huge advantages to its users for defense and offense during the fighting tactics involving both land and water confrontations.</text>
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                <text>In this study I demonstrate that lagoons were generally used as ports in ancient Japan. A lagoon is not suitable for anchoring large boats because of its shallow water depth; however, it was the best anchorage for shallow draft boats in ancient times. Based on archaeological evidence, it is likely that many of the ancient Japanese boats were dugout canoes, or enlarged ones by adding side boards to the hull of dugout canoes. In the Kofun period, around 4th century, it is often the case that a huge burial mound was built near the lagoon and used as a port. I consider that it was a landmark made visible from boats sailing along the coast.&#13;
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                    <text>Lashing the loose planks: Making sense of the understudied “new” lashed-lug sites in
Sumatra, Indonesia
Agni Mochtar (Università di Napoli “L’Orientale”, Italy; National Research and Innovation
Agency (BRIN), Indonesia)

ABSTRACT
The topic of this abstract fits best within this Session 6 Lashed-lug boats: Emerging research from Southeast Asia
and the Pacific because it presents new information about the understudied and/or unpublished lashed-lug
boats/ships found within the last decade in the island of Sumatra, Indonesia. The case studies under consideration
are the lashed-lug boat remains from sites in the provinces of North Sumatra, South Sumatra, and Jambi. The
resources available to conduct the work include boat/ship timbers consisted of hull planks, wing ends, and other
hull component, as well as rudders, kept in the artefact storages and museums. The research questions of this
project are what new information can be obtained from a close examination of the boat/ship planks and other
timbers, and how such information would contribute to the advancement of the knowledge about the lashed-lug
boatbuilding. The result of the detailed documentation of the boat/ship remains is a comprehensive dataset which
covers many variables including ones overlooked in previous research. This project is a part of the author’s
doctoral research which expected result is the insights of variations within this particular boatbuilding and the
factors causing the variations.
Keywords: shipwreck analysis, hull catalogues, boat remains, and environmental context
List of figures and tables

Figure 1. Distribution map of the sites studied in the project.
Figure 2. Plank fastening on a hull plank from Bongal site, North Sumatra
Figure 3. Rudder from Cengal site, South Sumatra
Table 1. Recapitulation of timbers documented in 2022–2023.
Table 2. Preliminary grouping of hull timbers from Bongal site.

INTRODUCTION
The study of archaeological remains of the Southeast Asian lashed-lug boatbuilding tradition was
initiated in the 1980s (Manguin 1989) and developed rather slowly in the following three decades.
Fortunately, the last decade witnessed a more promising progress of this topic with new findings and
more sites were being investigated closely. In Indonesia, archaeological missions to shipwreck or boat
remains sites had been fluctuating throughout decades, with most missions conducted in response to
accidental findings by local communities. Other times, the ship/boat timbers were discovered during
excavation in areas not intended to investigate nautical archaeology, which resulted in preliminary
documentation without further analysis.
After the initial studies of general characteristics of the lashed-lug ship/boatbuilding, close examinations
of artefactual data had provided essential information about the details of the construction and other
related aspects such as raw materials and associated cargo. In the last decade, many findings were
reported in Indonesia, especially in Sumatra (Akbar 2019; Indradjaja 2012; Intan 2017; Purnawibowo
and Restiyadi 2020), but only limited detailed recording and in-depth analysis was performed. Sumatra
had been one of the most important places in the history of maritime network within Indonesia, in
Southeast Asia, as well as the Indian Ocean. However, it was unfortunate that ship/boatbuilding study
was many times overlooked in the archaeological investigation of the region.
This project attempts to closely examine the new findings of lashed-lug boat remains in Sumatra as well
as to re-examine previous findings not analysed. The aim is to learn about how they can contribute to

1

�the discussion of the study of lashed-lug tradition. Emphasis is on the variations in the construction, to
further the knowledge about the past seafaring in the region.

CASE STUDIES
The project presented in this paper investigated archaeological remains of lashed-lug watercrafts in three
provinces in Sumatra, namely North Sumatra, South Sumatra, and Jambi (Figure 1). South Sumatra and
Jambi were on the east coast of Sumatra and famous for their rich archaeological remains, especially the
Buddhist artefacts and monuments, many associated to Sriwijaya Kingdoms, one of the largest
kingdoms of pre-modern Indonesia (Degroot, Griffiths, and Manguin 2014; Utomo 2010). Major rivers,
Musi and Batanghari, run as the vein of people’s activities since early times. Unsurprisingly, many
lashed-lug sites were found along the riverbank of the two rivers and their tributaries (Sadzali 2019),
also near the coastal lines (Rangkuti 2017). There are also sites located underwater, such as Tanjung
Renggung (Adhityatama and Sulistyarto 2018) and Lingga (Flecker 2019), proof that the lashed-lug
watercrafts were used in both inland and marine waters.
The case study site in North Sumatra is located on the west coast, in Central Tapanuli Regency. In terms
of archaeological remains, the regency was considered as one of the most important places in the history
of Islam in Indonesia. The Barus site is the first point where Muslims came to Nusantara (modern
Indonesia) in the ninth century CE (Guillot et al. 2008). However, the evidence of the initial landing,
old harbour, or coastal settlement was almost non-existent. That was until the report in 2019 of
archaeological findings from Bongal site, around 95km south of Barus.
Surveys and excavations in the Bongal site reveal a likely harbour and settlement close to the Lumut
river estuary. Artefacts from this site include ship and boat components, ceramics, beads, coins, and
inscriptions. Radiocarbon dating results of one sample of timber and one sample of rope indicate the site
was in use as early as the seventh century CE. Two centuries earlier than Barus (Purnawibowo and
Mochtar 2021). Since the first report, the locals found more ship/boat timbers but, unfortunately, they
were taken from the location without any documentation.

RESOURCES
Documentation for this project up to early 2023, included ship and boat timbers kept in different types
of storage in three provinces. The storage varied from semi-permanent shed built near the site, a local
government office, museum display rooms, museum storages, and an artefact storage building. Boat
timbers in North Sumatra came from Bongal site, located in the western coast of Sumatra, on the rim of
the Indian Ocean. Meanwhile, those in both South Sumatra and Jambi came from several sites in the
province.
South Sumatra
East coast

2

�Bongal

Tulung Selapan

Cengal
Lambur

Margomulyo
Air Sugihan

Figure 1. Distribution map of the sites studied in the project.

In the last decade the national archaeological research centre in Indonesia, Pusat Penelitian Arkeologi
Nasional (Puslit Arkenas) and the regional agency for archaeological research in South Sumatra, Balai
Arkeologi Sumatera Selatan (Balar Sumsel) conducted surveys and excavations on the east coast of
South Sumatra to study the wetland settlements in the area. During the missions the teams found
components of lashed-lugs vessels which varied from keel planks, hull planks, rudders, to oars.
According to the project reports and personal communication with the team members, larger timbers
were left close to the site locations while some small to medium timbers were collected and kept in the
offices for further analysis.
During the author’s data collection in 2023, site visits were not possible due to the weather constraint
thus the documentation of the ship/boat timbers from the east coast was conducted on those kept in the
artefact storage in Balar Sumsel office. The recorded timbers include fragments of a keel plank, hull
planks, a wing end, a rudder, and some paddles from Tulung Selapan site, Cengal site, and Margomulyo
site.
Inland
Other boat timbers recorded during the data collection were found on the riverbank of Lematang River,
a tributary of the Musi River, far inland around 200km from the coast. The locals who accidentally
found the boat dismantled one of the extremities due to curiosity. The authorities then came and brought

3

�the timbers, which consisted of hull planks and a frame, to the artefact storage/display building of the
Bumiayu temple complex.
Jambi
The timbers recorded during the data collection early this year were kept in Museum Siginjei, the
regional museum of Jambi. Two fragments of hull planks, a wing end, and some rig components were
displayed for the public. The museum storage housed one small vessel, possibly a canoe, with apparent
lugs on the keel plank. According to the information from the museum employees, the canoe was found
in Lambur Village, probably close to the recently excavated intact lashed-lug boat. Unlike the canoe,
the provenance of the boat timbers being displayed was, unfortunately, unknown.
North Sumatra
The lashed-lug boat timbers from the Bongal site were kept in three locations namely, the semipermanent artefact storage building near the site, the local government office, and the Museum Abad 1
Hijriah in Surakarta, Central Java. The timbers in the storage and the office were documented in the
2023 data collection while those in the museum were documented last year. The timbers in the office
were from the initial survey after the first report from the locals, they are generally small to medium
fragments. Meanwhile, the timbers in the storage were mostly hull planks, the longest at over two meters
and some planks were heavy with almost eight centimetres total thickness.

FRAMEWORK
The project presented in this paper was part of the author’s ongoing doctoral research project. It started
last year and is expected to be finished by the end of 2024, titled ‘A technological study of lashedlugged, plank-built boats and vernacular boat building practices in Indonesia’. The project aims to
investigate variations within the lashed-lug boatbuilding tradition through a close examination of
archaeological remains found in Indonesia, with the aid of other data including ethnography and
iconography. Variations within the lashed-lug boatbuilding were addressed previously (Manguin 2019;
Lacsina 2019; Lacsina and Mochtar 2020) but with minimal investigation of possible influences.
This project used a nautical archaeology approach to understand the correlation of attributes within one
artefact, of one artefact to others, and of artefacts to other data. From such correlations the author
synthesises aspects of the boatbuilding technology. Emphasis is on technique variations used in, among
others, fastening systems, plank-shaping, bow and stern assembly, as well as to identify the possible
variation influences. Due to the current non-intact stage, of the majority of the ship/boat timbers, the
analysis was conducted by identification of the artefact attributes and their function and recorded in a
database.

RESULTS
Documentation of timbers
During data collection in 2022–2023 the author recorded 50 lashed-lug ship/boat components in various
sizes and conditions (see Table 1). All the recorded timbers were first grouped into six types of
components, namely keel plank, hull plank, bow/stern assembly, rudder, rig, and unidentified. The last
category was to accommodate the timbers, which until this article was written, were still unidentified in
4

�terms of their position or function. The hull planks were, by far, the most oft recorded component. This
was expected because in a complete boat or ship the number of hull planks are highest, compared to
other components.
Besides the verbal description, the author made manual drawings and/or photogrammetry of the timbers.
The combination of recording methods was chosen to handle the different conditions of the data. Some
timbers were waterlogged, and due to the time constraints, it was difficult to obtain detailed data. For
example, the photogrammetry failed to record minor details such as the depth of the holes and the
connections between lashing holes. In addition, close-up pictures were taken to record details, such as a
fragment of rope inside a lashing hole. The author also recorded before and after photographs of all
samples taken for radiocarbon dating and species identification.
Table 1. Recapitulation of timbers documented in 2022–2023.
No

Ship/boat component

1.
2.
3.
4.
5.
6.
Total

Keel plank
Hull plank
Bow/stern assembly
Rudder
Rig
Unidentified

Qty
2
31
6
5
1
3
50

Keel plank and hull planks, preliminary analysis
The initial stage of analysis was conducted on hull planks because they held many attributes related to
the construction of the vessel. Macroscopic observation was performed on surfaces and the seams of
planks to identify the dowel holes, lashing holes, and/or peg holes. Observation was also performed to
see variables such as degree of degradation, shape of lugs, type of plank fastening, and type of joinery.
Whenever possible, tool marks and other technological traces were observed and analysed. Every
attribute on each plank was recorded in a database, which was further elaboration on the extensive
database published by Manguin (2019). Whilst his database included both lashed-lug and non-lashedlug vessels found in Southeast Asia, the author’s database only covered lashed-lug vessels in Indonesia,
with emphasis on the new and/or unrecorded findings. The database helped the author to identify the
similarities and dissimilarities in the construction of the lashed-lug vessels represented by the hull
planks.
Plank fastenings
The hull planks showed variations of the plank fastening. The majority was the combination of dowels
and plank lashings. A particular case was found in the planks from Bongal site (Figure 2) where four
types of fastening holes were identified: dowel holes, lashing holes, peg holes, and go-through holes.
The last type of hole was possibly drilled for a long dowel that went through three parallel planks. A
keel plank showed the use of only lashings for plank fastening, even though they were rather thick and
heavy.

5

�Figure 2. Plank fastening on a hull plank from Bongal site, North Sumatra.

Lugs
In general, the lugs are rectangular with two pairs of lashing holes. Some variations were noted on some
planks with ridges, but the number of lashing holes was always the same. Apparent distinction is found
on the canoe from Lambur, which had smaller lugs with one large hole through the width of the lug.
Correlation between attributes
The Bongal site had further in-depth analysis to understand the assemblage of hull planks, which
attributes were varied and without information of the provenience. The grouping of the planks based on
their attributes revealed a possibility of multiple vessels in one site. At this stage, the author put the
planks into four groups based on the difference between the plank fastening system, the dimension of
the plank, and the character of the wood such as the weight and the level of degradation (see Table 2).
The last two variables might indicate different species, which were a weak evidence to support a
possibility of different vessels, like those examples in the Butuan boat that used several different types
of wood (Lacsina 2016) or in case of a repairment. However, combined with a significant difference in
the plank thickness and the use of different plank fastening, it was difficult to imagine them to be from
the same vessel.
Table 2. Preliminary grouping of hull timbers from Bongal site.
GROUP

DESCRIPTION

A

Plank with scarf joints,
3cm thick
Heavily degraded,
5cm thick
Flat, heavy plank,
rectangular cut joints,
3cm thick
Thick plank,
7cm thick

B
C

D

LUGS

DOWELS

PLANK
LASHINGS

PEGS

QTY

Rectangle, 2 pairs
of lashing holes
Rectangle, 2 pairs
of lashing holes
Rectangle, 2 pairs
of lashing holes

yes

no

yes

2

yes

yes

no

2

yes

yes

no

4

Rectangle, 2 pairs
of lashing holes

yes

yes

yes

1

TOTAL

9

6

�Rudder
The rudders documented during the data collection were found by local people without clear information
of their finding process. Although they were different in dimension, all rudders due to their similar
features could be easily identified as belonging to same tradition. The whole rudder, the stock and the
blade, made from one solid wood. The stock was cylindrical and gradually flattens towards the mid part
to form the blade.
The interpretation of this type of rudder as one used in lashed-lug vessels was based on the rudders
found in Bongal site and from the Cengal site. Despite the missing information about the actual location,
the rudder from Bongal site was found in the same area with the hull planks and other ship/boat timbers
and, to date, all the ship/boat timbers unearthed from the site belong to the lashed-lug tradition.
Similarly, the rudder from Cengal site (Figure 3) was found during a survey where local people report
the rudder with other lashed-lug hull planks. Further, during the excavation in Air Sugihan area in South
Sumatra, the team unearthed some lashed-lug planks and a rudder in one context (Indradjaja 2012; Intan
2017).
Further analysis
During the data collection, wood samples were taken from selected timbers for radiocarbon dating and
species identification. The author proposes the results from the analysis will correlate the variation
within the construction with different periods and/or with different raw materials. Secondary sources
about lashed-lug ship/boats from other places in the region would also be consulted to investigate
whether the variations were due to the production of vessels in different workshops.

CONCLUSION
After the success of a previous study in synthesizing the general characters of the lashed-lug
ship/boatbuilding traditions (see Session 6_Lacsina and Mochtar in this APConf 5 Proceedings), we
now need the investigation of archaeological remains in detail, and to update the record of new findings
throughout Southeast Asia. Indonesia played a significant role in the early days of this study because
many lashed-lug archaeological remains were found. This became the primary data to understand the
tradition, which previously was only in historic ethnographic research. However, the work of the
author’s project was conducted to further the knowledge of the ship/boatbuilding tradition by closely
examining details in the more recently discovered and/or understudied ship/boat timbers.
The result from the preliminary analysis of the timbers highlights the variations of techniques used in
the lashed-lug construction, even on the planks from one site. Such variations were noted in previous
research but further study to understand them and the influencing factor behind such variations were
scarcely done. As it progressed with the analysis on more timbers, as the radiocarbon dating and species
identification results return, hopefully this project would provide more detailed insight. Meanwhile,
from observations during data collection and preliminary post-fieldwork analysis, this project has
documented new information regarding the lashed-lug ship/boatbuilding, such as propulsion of the
vessels and the identification of a harbour site on the eastern rim of the Indian Ocean.

7

�Figure 3. Rudder from Cengal site, South Sumatra.
ACKNOWLEDGEMENTS
The author would like to express gratitude to the institutions, who authorise all the data documented in this project, for the
permit to access their collection: BRIN Sumatera Selatan, BRIN Sumatera Utara, BPK Wilayah V Jambi, BPK Wilayah VI
Sumatera Selatan, Dinas Kebudayaan dan Pariwisata Tapanuli Tengah, Museum Abad 1 Hijriah Surakarta, Museum Siginjei
Jambi, as well as Museum Balaputeradewa and Museum Sriwijaya Palembang. The author would also like to thank Prof Chiara
Zazzaro at Università di Napoli “L’Orientale” as the author’s tutor for this research for all the supports and supervisions.

BIBLIOGRAPHY
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———. ‘The Same-Same Boatbuilding Tradition? Looking at Different Examples of Lashed-Lug Boats from the Southeast
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�Manguin, P.-Y. ‘Sewn Boats of Southeast Asia: The Stitched-Plank and Lashed-Lug Tradition’. International Journal of
Nautical Archaeology 48, no. 2 (2019): 400–415. https://doi.org/10.1111/1095-9270.12367.
———. ‘The Trading Ships of Insular Southeast Asia: New Evidence from Indonesian Archaeological Sites.’ In Proceedings
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Purnawibowo, Stanov, and Agni Sesaria Mochtar. ‘Boatbuilding Technology Analysis of the Seventh Century Boat Remains
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Utomo, Bambang Budi, ed. Ekspedisi Sriwijaya: Mencari Jalur yang Hilang. Palembang: Balai Arkeologi Palembang, 2010.

9

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                    <text>Lata’s Wayfinding System and Climate Science

M. George
Vaka Taumako Project
Abstract
The cultural vision and history of Taumako extends far beyond their Duff
Islands, the SE Solomons region, or the western Pacific. According to the
people of Taumako, their ancestor Lata, was the first person to build and
sail a voyaging canoe. Taumakans today are unique among Polynesian
and Austronesian people in that they still build and navigate voyaging
canoes using only the ancient designs, materials, and methods of Lata.
Lata/Laka/La’a/Rata/Raka, etc, is a Culture Hero across Polynesia, and
at least some islands where the ancient Austronesian migrants settled
thousands of years ago.
Lata’s successes and mistakes help
Taumakans, and us, learn who we are, and what to do and not do as we
face global climate change and cultural wars. Taumako is full of sites
where episodes of the Story of Lata happened…the islet where Lata was
born, the rock Lata’s father killed the father eel, the place where Lata stood
with Hina to see if the tree he cut down was actually on Hina’s land, the
stones where Lata moored his voyaging canoe, where he sailed out and
Hina blocked the entrance so he could not come back, where Lata picked
his crew from out of the ocean, etc. Taumako was a crossroads of early
Papuan settlers and Lapita pottery-making, migrants, and canoe
technology that combines both Polynesian and Micronesian design
features. The Story of Lata is lived today in the practice of the ancient
Pacific voyaging arts. How can all this help them break out from colonialist
borders and policies, make a living at the bottom level of the global
economy, and/or survive climate change? What can we learn from Lata?
Key words: Lata, Pacific, ethnography, Austronesian
Introduction
Climate researchers use data about the past to understand what is
changing now. Today, climate scientists lack ground-truthed data for
natural phenomena of the Indian and Pacific oceans (BioScience, 2011).

�However Austronesian voyagers colonized Oceania millennia before
Europeans arrived, and some of their descendants still practice
knowledge systems that offer useful data for climate science.
Taumakan Islanders of the Duff Islands of SE Solomons practice an
ancient system of knowledge in everyday life on their island and in
voyaging to other islands. That system is based on ecological and
environmental patterns, and relationships between patterns of natural
phenomena, as well as between Taumakans and natural elements.
Today the people of Taumako are isolated from the outside world by lack
of electricity, phone service, WIFI, anchorage, or airstrip. So, they still
depend upon ancient cultural ways to meet everyday needs. They speak
Polynesian language and practice Polynesian customs. They are the only
Polynesians who still make and sail voyaging canoes using only ancient
designs, materials, methods, and tools. They are heirs of an ancient
system of deep sea navigation that uses knowledge of natural phenomena
rather than modern instruments. This ancient system provides data of rare
specificity and complexity about relationships between patterns of wind,
sea, sky, and spirit that are little known to science.
The Heirs of Lata
After European diseases killed all but 37 Taumakans in 1919, and colonial
controls arrived in 1922, the number of voyaging canoes in the region
dwindled from two hundred active vessels to a few relics in the 1960s.
Extensive partnerships and networks between islands were lost.
The history and cultural vision of Taumakans extends far beyond their Duff
Islands, the SE Solomons region, or the Western Pacific. Three thousand
years ago, Taumako was a crossroads of Lapita pottery-making migrants
(Leach and Davidson, 2014). Today Taumakan voyaging canoes and

�navigation methods combine both Polynesian and Micronesian design
features.
According to the people of Taumako, their ancestor, Lata, was the first
person to build and sail a voyaging canoe (vaka). Lata is a voyaging
Culture Hero to the people of thousands of Pacific and Indian Ocean
islands. Lata’s name varies, as Laka, La’a, Rata, Raka, etc. Today, some
of the variants are known today as male, and others as female. Today,
some places like Hawai’i, only remember short episodes in the Story of
Lata. Taumakans tell the Story of Lata hour after hour, year after year,
during building of vaka, and while making voyages to other islands.
Taumakans live their lives as characters in their Story of Lata. As such
they are the present generation of an uninterrupted line of voyagers.
Lata’s successes, mistakes, and spiritual relationships with natural
phenomena, help Taumakans learn who they are, and what to do, and not
do, in life.
Duff Islands are full of sites where episodes of the original Story of Lata
happened. These include the seaward platform on Tohua, and islet where
Lata was born, the Kahula stream lava-rock home of the father eel who
Lata’s father killed and whose tail Lata suckled on after his parents died,
the mountaintop where Lata stood with Hinora to look down and see if the
tree he already cut down was actually on his or her ancestral land
(kainga), the black stones beside Tohua where Lata moored his voyaging
canoe, the entrance to TeVeni, a hole in the reef where Lata sailed out
and Hinora blocked so he could not come back, the ocean outside of
TeVeni where Lata picked his crew from after their canoe fell apart from
being tricked by Lata telling them the wrong plant to use for their lashings,
etc (George, 1999).

The interactions of the characters, the natural

phenomena they deal with, and the places, episodes, and themes of the

�Story of Lata, are critical to Taumakan decisions about gardening,
performing rituals, building voyaging canoes, and for way finding at sea.
Taumakan voyaging canoes (vaka) are made in the image of Lata and
other characters in the Story of Lata. Each end of the vaka is carved into
facial features of Te Ube, the bird who Lata befriended, and the teeth of
Lata, which securely hold the carving of Te Ube into the back of which the
mast is stepped (Fig. 1). The sail has slender extended tips, which are
Lata’s arms held overhead to catch the wind (Fig. 2). The entryway to the
shelter is where the current day Lata (most senior wayfinder) sits in
supervision of the crew and the elements.

Fig. 1(left): Photo of Chief Kaveia
instructing crew how to rig Te
Puke voyaging canoe. (Michael
Tauchert and Vaka Taumako
Project)

�Fig. 2: Photo of carving of Te Ube bird at end of Te Puke. (Michael
Tauchert and Vaka Taumako Project)
Since the 1970’s islanders from Hawaii, New Zealand, Cook Islands, and
other more commercially developed islands have taken voyages using
navigation methods that did not include modern instruments, such as
compass, sextant, or electronics. Their “non-instrument” methods are
traditionally inspired, and have centered on use of star paths to know the
direction to islands. But the specific star path methods that most of these
revival voyagers have used were created by Nainoa Thompson and Will
Kyselka in Bishop Planetarium in the 1970’s. They also rely on
meteorology for their weather, engage modern vessels to escort them
everywhere in case rescue is needed, and they construct their vessels
with nylon, Dacron, fiberglass, epoxy, chainsaws, etc. These voyagers
have

traveled

far,

correcting

several

centuries

of

denial

and

misrepresentation of the true history of oceanic voyaging, and reviving
pride among island peoples for the brilliant achievements of their
ancestors. But it is clear that they cannot, or do not intend to, make
voyages using only Lata’s technology.

�Taumakans today are unique among Polynesian and Austronesian
peoples in that they still build their vessels and navigate using only Lata’s
technology. But Lata’s vessels are only good for sailing interisland during
certain seasons. If Lata’s crew sails to another island then they must stay
there until the right season comes to sail back to their island, which could
be nine months later. Who will feed them and what will they do while they
are waiting? How will they earn money to pay school fees for their
children? Who will maintain their vessel if they are lucky and a ship comes
that can bring them home? If and when they have transport to return to
their Vaka then how will they get money to harvest some trees to replace
certain parts, and to re-lash others?
Given these challenges, why do young Taumakans want to work hard at
learning the ancient ways, rather than going off-island to make money?
Don’t they want their children to go to secondary and tertiary schools?
Wouldn’t they like to have a permanent house with a toilet rather than a
leaf house and the ocean? How can their heritage help them cross
colonial nation-borders between them and nearby islands, and policies
that make it impossible for them to make a living at the bottom level of the
global economy? How will perpetuating ancient practices help them
survive climate change?
Furthermore, what can outsiders learn from the heirs of Lata? Can people
who are fully dependent on the global economy and its petrochemical and
electronic technologies, learn something to help them stop their polluting
and warlike ways, and possibly save what is left of the planet for all of our
children?

�Perpetuation of Lata’s Voyaging Vessels
In 1996, the Vaka Taumako Project was officially started as a research
project under the Ministry of Education of Solomon Islands. It was the idea
of the Paramount Chief of Taumako, Koloso Kaveia, who was a very
experienced voyager on Lata’s vessels, and then on a trading scow, for
many years. He, and other elders of Taumako, wanted to teach a new
generation how to build and sail a Te Puke, which is the design of vessel
that Lata is most known for. He also wanted that knowledge documented
for future generations.
In 1997 the Te Puke named “Vaka Taumako” was launched. In 1998 it
sailed to Nifiloli, in the Outer Reef Islands, and in 2000 it sailed back to
Taumako. The biggest challenges of those voyages included the lack of
safe places to keep the vessel on other islands. People of other islands
have more money-based economies, with ships coming monthly, airstrips,
and phone service. Taumakans needs their own transport to relieve their
isolation.
During his nineties Kaveia planned to lead a voyage from Taumako to
Vanuatu. But he passed away in 2009. Several voyages were made in
2012, and again in 2013, and another one in 2017. In every case there
was barely enough food for the crew, and the return transport to Taumako
was delayed for weeks. Despite the hardships they continued to work on
making new vaka and more voyages. The costs of delayed transport ate
up what had been set aside to pay the school fees of their children. So,
why do they persist?
The positive results of these voyages have included at least one interisland marriage by a crew member for each voyage, and some sort of
reconciliation (Heihei Lavoi) over events that took place generations back,

�when voyaging canoes were stopped by government and missionary
policies, WWII, and other colonial impacts. Another result is that through
voyaging each crew members gains, or proves, a good relationship with
patterned phenomena of the wind, sea, stars, and with their voyaging
ancestors. The leader of a voyage becomes a present day Lata.
Lata’s crew is celebrated for its accomplishments at home and throughout
Solomon Islands. Te Puke are featured on both provincial and national
icons, and Taumakans regard the leader of a voyage on a Te Puke, as
singularly qualified to be the Paramount Chief of Duff Islands.
Knowing what Lata knew qualifies one to give advice on gardening,
weather, fishing, social events, naming of newborns, spiritual activities,
and so many other disciplines that are practiced by Duff Islanders. Old
people reward voyaging students with appropriate knowledge and
resources for voyaging, because they know that voyaging can provide the
inter-island communications that are necessary to survival and the joy of
renewing ties with close relatives who may not have been contacted in
many decades. The voyagers themselves become responsible to share
their knowledge, and inform others of changes in natural patterns that they
observed.
When there are natural disasters, such as the King Tides and ferocious
cyclones that are coming more frequently, there is more need for a vessel
that can sail over the reef and right up onto the beach…to carry sago palm
leaves to roof and wall houses, betel nut for social sharing, pigs for
feasting events such as weddings and funerals, and many other goods
necessary to the wellbeing and relationships between people of different
islands and atolls.

�Children of Taumako are told bedtime stories whose characters are
navigational stars. Stories of the giants (Pakhola), the old woman of the
forest (Hinora), and the fresh water eel who was killed by Lata’s father,
are filled with references and meanings about voyaging. The winds that
come from different directions and bring different weather and plants and
animals into the center of Taumako life, are themselves main characters
in the Story of Lata. Though they are not often named as such in the
storytelling, the interrelationships of these winds with other phenomena
are critical to finding the way to other islands. They are also the basis for
correlating and calibrating many other natural phenomena that Lata used
to find the way.
Lata’s Navigation (Wayfinding) System
From the 1970’s onward, Pacific navigation researchers focused on the
use of stars as the basic method of finding land without modern
instruments (Lewis, 1972). More recently, some natural navigation
researchers have centered ‘stick charts’ and ‘wave piloting’ in the Marshall
Islands (Genz, 2016). They hypothesized that knowledge of swell patterns
between the Ratak and Ralik island chains were the primary phenomena
used for navigation there.
Although the Taumakan heirs of Lata use both stars and swell patterns
extensively, they organize their navigational technology differently. They
prioritize knowledge of wind, and its relationships with all other natural
phenomena. Taumakans regard winds, not stars, as primary, to their
navigation methodology.
Taumakans use a systematic model of way finding that does not privilege
asterisms (including stars, star groups, dark places in the sky, and star
paths) above other phenomena. Taumakans use Lata’s mental model to

�link the position of the wind around the horizon with phenomenal patterns
that occur (when the wind is in that position).
So by knowing the wind position a Taumakan wayfinder knows which
phenomena are useful for what voyaging routes, and which phenomena
work together or provide alternatives to others. Asterisms are important
because the wind positions that the asterisms rise and set in are indicative
of what other phenomena are useful.
Te Nohoanga Te Matangi
The organizational image, i.e. basic data organizer, of this ancient system
is a model of 32 named wind positions that are located equi-distant from
each other around the horizon (Fig. 3). From the geographically
widespread documentation of what English speakers have called “wind
compasses” throughout the Pacific and Indonesia, it seems likely that
voyagers figured out this system long ago.

Fig. 3: TNTM Diagram 8/16/32 Named Wind Positions.

�The Taumako wind-based system is called “Te Nohoanga Te Matangi”
(TNTM). TNTM translates into English as “the wind positioning system” or
“the life of the winds.” The eye of the wind can sit (noho) in, or move
through, the various positions. The 32 named TNTM positions surround
the observer around the horizon, and each TNTM position is located at
equal distances from its neighboring position.

TNTM Opposite Partners
Each TNTM wind position is paired with the position that is located
opposite to it on the horizon (Fig. 4). Taumakans do not learn the 32
positions one by one, sequentially in a circle. They learn them in opposite
pairs, or “partners.”
There are 16 partners in the 32 wind positions. But most people just deal
with the 4 partners that comprise the basic 8 wind positions. After a person
learns the relevant partners for any voyage, then they know what is in front
of them and behind them, no matter which position they are headed for.
Thus, the partner of Te Alunga is Te Haka Hiu, and the partner of Te
Tonga is Te Tokelau (Fig. 3).

�Fig. 4: TNTM Diagram opposite Pair. (Partners)

TNTM works like a slide rule (mechanical analog computer) that
recognizes patterns in a variety of natural phenomena, and organizes
those patterned natural phenomena into spatial, temporal, and spiritual
relationships.
The relationships contained in these TNTM linkages are based on
knowledge about natural and spiritual phenomena, and relationships
between them.
Such linkages include storm winds (natural) and beneficial or dangerous
interventions of ancestors (spiritual). For example, it is not surprising that
cyclonic west winds come in the strongest wind positions of the cyclone
season (Te Hakahiu to Te Tokelau) (Fig. 5). But if a Te Alunga or Te
Tonga winds are weak during the middle of the tradewind season, then it
indicates that there has been disrespectful behavior toward ancestors.
Ancestors include winds, rocks, stars, animals, and other natural

�elements. So disrespectful behavior to these elements can cause climate
change.

Fig. 5(left): .
TNTM Diagram
Sunrise and
Sunset Positions
Annually.

There are times when certain phenomena will happen, such as strong
winds. There are signs that herald new weather, such as a rainbow
showing where the wind will soon position itself. The TNTM slide rule
correlates and calibrates natural phenomena that can be both observed
and engaged with. The engagement is a spiritual endeavor, with many
layers and scales.
The late Te Alki Koloso Kahia Kaveia of Taumako told, and showed, me
these explanations of TNTM. As a master of TNTM, Kaveia did a lot of
“weather work,” e.g. prediction and modifications. Prediction included
telling when the best wind for a voyage would come the next year.
Modifications included stopping rain, and changing the wind position (but
not the season). He also used TNTM to control dangerous seas, heal
illnesses,

plan

ritual

events,

facilitate

gardening,

and

control

communications with colonial powers, (as Paramount Chief for about 35
years).

�Kaveia remembered all this information, without making diagrams. But he
invited and approved the diagrams I made. Furthermore he wanted them
shared with his descendants who want to learn how Lata made voyages,
and with anyone who wanted to learn how Lata found the way to other
islands. Here are diagrams that my colleague, industrial designer Daniel
Jackson, and I made to illustrate Kaveia’s teachings about TNTM.
The head position of the system is named Te Alunga, which translates in
English to “the pillow.” In other words, Te Alunga is where you lay down
your head. Te Alunga is also the defining wind position of the trade wind
season, and its location on the horizon is where the sun rises during the
winter solstice (Fig. 5). Te Tonga is a variation of what Hawaiians call
Kona (Hawaiian Kumu, Roselle K. Bailey, pers. comm.), but since Te
Tonga is a sunrise position it is not easy to know why it is linked with a
term that is used for the dry west side of Hawaiian islands. Perhaps it is
because when Te Tonga blows the west sides of island become dry. Te
Tokelau contains the work lau, which translates to English as “strong.”
The strongest winds occur in Te Tokelau. Taumakans I asked did not
know a translation for other wind position names. Kaveia thought that this
could be because they were very old names. In any case many of these
names were reported in ‘wind compasses’ reported throughout Polynesia
and Indonesia.
TNTM Annual Sunrise and Sunset Positions
There are eight wind positions that traditional Taumakan voyagers use to
keep track of at the sunrise and sunset positions during the year. Te
Alunga is the wind position that the sun rises in at the qinter solstice. When
the sun rises in Te Alunga it sets between Te Tokelau and Te Tokelau
Palapu. Later in the Trade wind Season, when the sun rises in Te Alunga
Tonga, it sets exactly in Te Tokelau. Later yet, when the sun rises in Te

�Tonga, it sets somewhere between Te Tokelau Haka Hiu and Te Haka
Hiu. Lastly, when the sun rises in Te Ulu Tonga, it sets somewhere
between Te Tokelau Haka Hiu and Te Haka Hiu.
The fact that when the sun rises in three out of four sunrise positions, the
sun is observed to set in a range of positions, rather than just one position
may not seem intuitive. However if one considers that the orbit of the sun
is not circular, but elliptical, then it may be that when the sun is closest to
the observer its movement along the horizon is more observable that
when it is farther away. So maybe Te Alunga Tonga sunrise sets exactly
in Te Tokelau because it is so far away and moving mostly away or toward
the sun around the pointy end of the orbit, then we cannot observe its
change of position along the horizon. Whereas when the sun rises in Te
Alunga and sets between (and including) Te Tokelau and Te Tokelau
Palapu, or when the sun rises in Te Tonga, or Te Ulu Tonga, and sets
anywhere between (and including) Te Tokelau Hakahiu and Te Hakahiu,
it is because we can actually see the change in position along the horizon
when the earth is nearer to the sun in its orbit. In any case, the naked eye
observations are correct.
TNTM Seasons, Solstices, and Equinoxes
According to TNTM, the tradewind season begins at the winter solstice
and ends at the spring equinox.

The cyclone season begins at the

summer solstice and ends at the autumn equinox.

The Gregorian

calendar, that is commonly used by European-derived cultures today, is
not useful when interpreting TNTM correlations. This is because the
particular dates when the sun is overhead is different at different latitudes.
So the actual month for making a particular voyage, or the length of a
particular voyaging season, or gardening season, varies too, But the

�solstices and the equinoxes never change. Thus these comprise the
calendric structure of TNTM seasons.

Fig. 6: TNTM Diagram Seasons, Solstices and Equinoxes.
The tradewinds start when the wind sits briefly in Te Tokelau Tu, and then
moves clockwise to sit firmly in Te Alunga (Fig. 6). Te Alunga is regarded
as the base position for the Trade wind Season. Any wind position from
Te Alunga, Te Tonga, Te Ulu, and Te Laki are trade wind positions. During
the period of time from the Winter Solstice to the Spring Equinox, the eye
of the wind will shift gradually from Te Alunga to Te Tonga, Te Ulu, or
even to Te Laki, and then shift back again to Te Alunga. But as the Trade
wind Season progresses, the wind will sit for prolonged periods in Te
Tonga. Toward the end of the season, the wind starts to sit in Te Ulu, and
then moves into Te Laki before coming back to Te Tonga or Te Ulu.
During the cyclone season, from the summer solstice to the autumn
wquinox, the wind sits between Te Hakahiu Laki and Te Palapu. As
weather fronts move through, the wind position moves clockwise from
position to position, returning to Te Hakahiu Laki early in the season, and

�then only returning to Te Tokelau, then only to Te Palapu, and finally
moves into Te Tokelau Tu when the tradewind season is beginning again.
Taumako Model of Wind Patterns, and Human Modifications
The ancient model of seasonal and inter-seasonal wind shifts is that there
is a person who, like Lata, stands in the middle of all the wind positions
(Fig. 7). This person, according to Taumakans, is like anyone who has an
interactive relationship with the elements, like wind. That is, anyone can
modify the positions of the wind, as Lata did, and Lata’s descendants, do
today.

Fig. 7: TNTM Diagram Lata Pushing the Wind Back.
When the wind sits down in the primary positions of the Trade wind or the
cyclone season (i.e. Te Alunga for the tradewind and Te Hakahiu for the
cyclone) then the person waits for the wind to move clockwise to other
positions. Each time it does this, the person pushes the wind back

�(counterclockwise) to Te Alunga or Te Hakahiu (depending on the
season).
But as the season progresses the Lata-like person in the middle (which is
identified as a “man” in the diagram, but is not necessarily gendered) is
not able to push the wind all the way back to the starting position of each
season. So, for a long time the person can only push the eye of the wind
back to Te Tonga (for the trade wind season), or back to Te Tokelau (for
the cyclone season). Eventually, when it is getting close to the next
equinox or solstice, the person will be unable to push the wind back to Te
Tonga or Te Tokelau…or even back to Te Ulu or Te Palapu. So then, the
wind will eventually move past Te Hakahiu and out of the tradewind
season positions, or past Te Palapu, and out of the cyclone season
positions. Then the man (probably Lata) will have to turn 180 degrees
around and begin to push the wind back to the base position of the next
season. So the person who pushes the wind back turns his/her own body
clockwise twice a year to keep modifying the wind positions and the
seasons. This person is spiritually skilled in relationship to weather, and
has the ability to modify, but not completely control weather patterns.
This model recognizes that some people have useful relationships with
weather. This model is also very like the meteorological model of the way
systems moving through a location during seasons. As the location of
highs and lows shift with time during a season the wind rose positions
experienced at any location in the southern hemisphere tend to shift in
just the way the Taumako model describes.
TNTM Voyaging Routes between Islands
Sailing vessels need to have the wind come from favorable directions and
not be too stormy to sail to other islands. Taumako voyagers choose wind

�positions that are most reliable and that come from the side of, or from
behind, the vessel (Fig. 8).

Fig. 8: TNTM Diagram Inter-Island Routes.
Routes between islands are linked with wind positions needed for those
routes. TNTM way finders set off on a given route only when the wind sits
(noho) in the right position for that voyage. For example, to voyage from
Taumako to Tikopia or Vanikoro, the wind must come from Te Palapu,
and it must come sometimes in November. No other wind position is
reliable for that route. But for voyaging from Taumako (Duffs) to Reefs,
any wind position from Te Alunga through Te Tonga is good, and these
occur during the trade wind season.
Rises and Sets of Asterisms Useful for Navigation
The rises and sets of asterisms (stars, star groups, dark cloud shapes, or
other celestial bodies) occur in certain wind positions (Fig. 9). When
various asterisms are in these wind positions they are useful for
navigation. Each of the named asterisms is the lead asterism in a star path

�comprised of other un-named asterisms that rise and set in the same wind
positions. Each of them also has an opposite partner asterism. When one
of the partners rises higher above the horizon the other is falling closer to
the horizon, or is below it. But some asterisms are used for way finding
during some of the months when they are not seen above the horizon at
all…such as Hetu Mdavo (the Pleiades).

Fig. 9 (left): TNTM Rises
and Sets of Asterisms
Useful for Wayfinding.

The opposite partners Takelo (Orions belt on far right) is going to set, while
Salo Lavoi (top 7 stars of Scorpio on far left) has just risen (Fig. 10). In
this diagram there are note about the weather that occurs when some of

�these asterisms rise or set, such as the rises or sets with specific wind
positions and weather.

Fig. 10: TNTM Asterisms/TNTM Miles-High View Diagram.
Conclusion
Interrelationships have been briefly presented here that are part of a body
of knowledge of Taumaka voyagers. These relationships are between
wind positions and weather, rises and sets of asterisms, (including the
sun, the stars and star groups, and the solstices and equinoxes), seasons,
and specific routes between islands. There is specificity, complexity, and
layering of natural patterns, and there are spiritual relationships between
the voyagers and the elements. These are correlated and calibrated in the
mental model of Lata’s TNTM wayfinding system (Fig. 11).

�Fig. 11: TNTM Diagram Combination of Diagrams 3-10.

There are many more types of phenomena included in TNTM voyaging
knowledge, including swell patterns, Te Lapa (George, 2012), signs by
animals, plants, and atmospheric phenomena, as well as complex
protocols involving respectful spiritual behaviors.
As scientists seek to further define the causes and effects of climate
changes, the systematic knowledge of ancient voyaging cultures has
value as baseline data about natural patterns and events, including
relationships between spiritual knowledge and natural phenomena.

References
Dow, K. Ebi, K. Kunkel, K. Mearns. K, Mearns. Melillo, J. 2012.
http://nca2014.globalchange.gov/report/response-strategies/research-

�Genz, J. H. 2016. Resolving Ambivalence In Marshallese Navigation:
Relearning,
Reinterpreting, and Reviving the “Stick Chart” Wave
Models. Structure
and Dynamics, 9(1) University of Hawai′i at Hilo.
http://escholarship.org/uc/item/43h1d0d7
George, M. 1999. July. “The Return of Lata” Sailing New Zealand Vol. 38.
George, M. 2012. “Polynesian Navigation and Te Lapa – “The Flashing”
Time and Mind: The Journal of Archaeology, Consciousness and Culture.
Vol 5 Issue 2. pp. 135-174
Leach, F. and Davidson, 2014. J. Archaeology on Taumako: A Polynesian
Outlier in the Eastern Solomon Islands. Archaeology Laboratory, Museum
of New
Zealand, Te Papa, Tongarewa
Lewis, D. H. 1996 (1972). We, the Navigators: The Ancient Art of Pacific
Landfinding in the Pacific, Honolulu, HI: University of Hawaii Press
Alexander, C. Bynum, N. Johnson, E. King, U. Mustonen, T. Neofotis, P.
Oettle, N. Rosenzweig, C. Sakakibara, C. Vyacheslav, S. Vicarelli, M.
Waterhouse, J. Weeks. 2011. “Linking Indigenous and Scientific
Knowledge of Climate Change” BioScience (2011) 61 (6): 477-484.
https://doi.org/10.1525/bio.2011.61.6.10
Biography:
Marianne “Mimi” George, Ph.D, a remote-ocean sailor and cultural
anthropologist, who supports revival of ancient voyaging practices that
enable sustainable and peaceful interactions. George researched
spiritual power and female imagery in the ritual cycle of an Austronesian
people in New Ireland, Papua New Guinea, the experience of a small,
mixed gender, group, in prolonged isolation, wintering-over a sailboat in
Antarctic sea-ice to do science, the spiritual connections of sea-hunters
and herders across Bering Straits, and the efforts of SE Solomon Islands
Polynesian elders and their students to build and navigate using only
ancient materials, designs, and methods, and re-establish voyaging
networks to share and maintain resources.

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                    <text>Legal Status of Sunken State Vessels and Sovereign
Immunity
Kaè Oyama
Chukyo University
k-oyama@mecl.chukyo-u.ac.jp
Abstract
The entry into force in 2009 of the UNESCO Convention on the Protection
of Underwater Cultural Heritage (hereinafter referred to as ‘UCH
Convention’) adopted in 2001 could be regarded as a welcome
development to elaborate or clarify any ambiguity of only two marginal
provisions as Article 149 and 303 with regard to underwater cultural
heritage in United Nations Convention on the Law of the Sea in 1982
(hereinafter referred to as ‘UNCLOS’). Some texts of the UCH
Convention, however, give controversy in fact to the comprehensive
international order of the seas in relation to the other provisions of
UNCLOS and customary international law, e.g., the definition of
underwater cultural heritage, the ‘creeping’ expansion of coastal states’
jurisdiction especially in the EEZ and on the continental shelf, and the
sovereign immunity of sunken state vessels [The paper primarily follows
to the terminology of the UCH Convention which uses ‘state vessels’. It is
defined as ‘warships, and other vessels…that were owned or operated by
a State and used, at the time of sinking, only for government noncommercial purposes’ in Article 1(8).] This presentation will especially
focus on the issue of sovereign immunity of sunken state vessels amongst
them. International law in relation to warships is complex and uncertain
and the issue has high political sensitivity as Article 2(8) of the UCH
Convention reflects such a circumstance. The purpose of the
presentation, therefore, is to explore the legal status of sunken state
vessels. It examines the related provisions and their drafting process of
the UCH Convention, the legal status of warships which UNCLOS
provides and in the rules of customary international law. It will also
observe some cases including notable States practices.
Key words: UNESCO, UNCLOS, UCH

�Introduction
The entry into force in 2009 of the UNESCO Convention on the Protection
of Underwater Cultural Heritage (hereinafter referred to as ‘the UCH
Convention’) adopted in 2001 could be regarded as a welcome
development to elaborate or clarify any ambiguity of only two marginal
provisions as Article 149 and 303 with regard to the protection of
underwater cultural heritage in United Nations Convention on the Law of
the Sea in 1982 (hereinafter referred to as ‘UNCLOS’), though it is called
as ‘A Constitution for the Oceans’ with 320 Articles and 9 Annexes. Some
texts of the UCH Convention, however, give controversy in fact to the
comprehensive international order of the seas in relation to the other
provisions of UNCLOS and general rules of international law.
The treatment of sunken state vessels1 is also one of the most
controversial and challenging issues which the drafters of the UCH
Convention faced. International law in relation to warships is complex,
uncertain, and politically highly sensitive. The key provisions of the UCH
Convention regarding this issue, the legal status of sunken State vessels,
are Article 2(8), 7(3), and 10(7) and, due to them, most of maritime States
do not have wish to ratify the Convention2.
This article will focus on the reason and background of such controversy.
First, it examines the existing international law and related State practices
in order to evaluate the legal status of sunken State vessels under
customary international law. Second, it reviews mainly Article 2(8), 7(3),
and 10(7) of the UCH Convention. The purpose of this article is to clarify
the gap between the UCH Convention and customary international law in
relation to the legal status of sunken State vessels and, thereafter, try to
explore a key to resolve the gap.

�Sunken State Vessels in General International Law
Definition of Warships in UNCLOS
According to Article 29 in UNCLOS, ‘warship’ means ‘a ship belonging to
the armed forces of a State bearing the external marks distinguishing such
ships of its nationality, under the command of an officer duly
commissioned by the government of the State and whose name appears
in the appropriate service list or its equivalent, and manned by a crew
which is under regular armed forces discipline’.
Warships had enjoyed specific right for centuries under customary
international law and it codified in Article 95 that they ‘have complete
immunity from the jurisdiction of any State other than the flag State’ on the
high seas. Also Article 96 provides that ‘[s]hips owned or operated by a
State and used only on government non-commercial service shall, on the
high seas, have complete immunity from the jurisdiction of any State other
than the flag State’.
This principle also extends in Article 58(2) to the vessels navigates in the
EEZ of coastal States ‘in so far as they are not incompatible’ with the
provisions relating to the EEZ set out in Part V of UNCLOS. Also in Article
32 which provides as below, the rules of innocent passage (Migliorino,
1985) are respected in the territorial sea of the coastal states:
‘With such exceptions as are contained in subsection A and in
articles 30 and 31, nothing in this Convention affects the
immunities of warships and other government ships operated for
non-commercial purposes.’

�Sovereign Immunity
Until early nineteenth century, the immunity of foreign States was absolute
(absolute doctrine). Then, towards the end of the nineteenth century, a
restrictive view gradually took place (restrictive doctrine). An exception
was envisaged for acts performed jure gestionis or jure privatorum that is,
performed by a foreign State in a private capacity as a legal person subject
to private law (Cassese, 2005).
In the line with the restrictive doctrine, whereby immunity is confined to
circumstances in which a State acts as a State, immunity extends only to
State craft that are engaged in non-commercial service. Governmentowned ships operated for commercial purposes are subject to the same
treatment as privately owned merchant ships (Dromgoole, 2013).
The question is that whether or not the principle of sovereign immunity
continues to apply to a State vessel even after it has sunk. There are two
streams; first, immunity does not apply after a warship sunk on ground of
that a warship is not a warship any longer once it sunk, and a ship is not
a ship any longer. Sunken vessel is not the object which can meet the
definition of vessel. With regard to warships particularly, as Article 29
provides a ship must be ‘under command’ and ‘manned’ and the
conditions which are only possible while it is operational (Caflisch, 1983;
Strati, 2005). Sunken warships are not the objects to meet the definition
of warship. As such, they are not subject to flag state jurisdiction any
longer and therefore not retain their immunity any longer. This position
leads to the conclusion that the flag State, qua flag State, cannot prohibit
a salvage attempted by another State or private operator.

�Second position is more promising that sunken State vessel retains
immunity because the argument for immunity is on the fact that such craft
are state property. States have reasons for maintaining an interest in State
vessels after their sinking and these interests are not confined merely to
casualties. There are therefore legitimate basis for affording such property
indefinite immunity (Rubin, 1975).
A number of maritime States defend the second position and according to
general rules of international law the title of the sunken warships may be
only lost or transferred by: express abandonment; or capture or surrender
under the law of war (Yamamoto, 1981).
International Conventions and State Practices
International legislation and State practices show that the legal status
implies that sunken State vessels, such as warships and vessels on
government service, regardless of location or of the time elapsed since
their wreckage, remain the property of the State owning them at the time
of their sinking, unless it explicitly and formally abandon its ownership.
Such sunken vessels should be respected as maritime graves or reservoir
of classified information of the flag State. Thus, it is applied sovereign
immunity to sunken State vessels and they shall not be salvaged without
the express consent of the flag State (Aznar-Gómez, 2003).
This position is confirmed by several international instruments, e.g., Article
14 of 1910 Convention for the Unification of Certain Rules with Respect
to Assistance and Salvage at Sea3, Article 4 (1) of the 1989 International
Convention on Salvage4, 2007 International Convention on the Removal
of Wrecks5. There are also some representative cases where State have
recognized the sovereign immunity and title of sunken State vessels; the
Exchange of Note Constituting an Agreement between UK and Italy

�Regarding the Salvage of HMS Spartan in 19526; Italy recognized the
British title to the wreck; Australia recognized the Dutch title to the Old
Dutch Shipwrecks belonging to the Dutch East India Company, covered
by 1972 Agreement7; France recognized US title to the CSS Alabama in
19898; US recognized the French title with La Belle9 in 2003.
There are remarkable cases in the US, the Juno and La Galga case in
2000 and the Mercedes case in 2011. It should be noted that after these
cases, some particularly concerned States, including US, Germany,
Japan, Russia, Spain, UK, clarified their position in their unilateral
declaration on the legal status of sunken State vessels by stating that
sunken state vessels continue to enjoy sovereign immunity after sinking,
wherever they are located10.

The Juno and La Galga Case
In 1990s, a commercial salvage company, Sea Hunt Inc., submitted an in
rem claim respectively against two Spanish frigates, La Galga de
Andalucia and the Juno, which were sunk in 1750 and 1802 in the US
contiguous zone (Vierucci, 2001). The Sea Hunt was issued with a permit
by the State of Virginia to search for the wrecks and, when they were
found, Virginia claimed title to them under the Abandoned Shipwreck Act
of 1987 (ASA). When the Spanish government knew that a permit for
commercial exploitation had been awarded, it issued a diplomatic note of
protest and expressed its wish to protect the sanctity of its maritime
gravesites. Despite the protest, intervention at the site went ahead and
Sea Hunt initiated an in rem salvage action in the District Court in Norfolk.
Although the District Court partially supported Sea Hunt Inc.11, the Court
of Appeal of the 4th Circuit fully supported Spanish claims to the two

�wrecks12. The US Supreme Court then finally confirmed this legal position
in 200113.
The salvor insisted that the vessels had been abandoned by their owner
and that it was entitled to recover artefacts by the permit issued by the
state of Virginia. It concluded that vessel had not been expressly
abandoned by Spain, by reversing a finding of the District Court that Spain
had expressly abandoned La Galga when it entered into the 1763
Definitive Treaty of Peace between France, Great Britain and Spain.
Spain had transferred most of its New World territories to Great Britain in
the Treaty. Court of Appeal noted that the terms of the treaty did not
provide the ‘clear and convincing evidence’ of express abandonment that
was required, because of the absence of specific reference to vessels or
shipwrecks in the Treaty. It continued that ‘[i]t is the right of the owner of
any vessel to refuse unwanted salvage’14
This case shows some important points; first, it gave the opportunity to
several States to explicitly state their position regarding the legal status of
sunken State vessels including warships. It was confirmed in US
Presidential Statement in 2001 that ‘title to foreign sunken State craft may
be transferred or abandoned only in accordance with the law of the foreign
flag State15’ and US ‘recognizes that title to a United States or Foreign
sunken State craft, wherever located, is not extinguished by passage of
time, regardless of when such sunken State craft was lost at sea’.
Second, the Court of Appeals held that sovereign vessels must be treated
differently

from

privately

owned

ones.

The

so-called

‘implied

abandonment standard’ would seem therefore to be least defensible
where a nation has stepped forward to assert ownership of its sovereign
shipwrecks16.

�Third, unauthorized salvage of sunken State vessels is legally precluded,
the salvor is denied any kind of reward, and artifacts removed from the
bottom of the sea must be returned to the sovereign owner (AznarGómez, 2010).
The Mercedes Case
Odyssey Marine Exploration (OME) in the US discovered a shipwreck in
international waters about 100miles west of the Straits of Gibraltar in
2007. A number of coins and small artefacts were recovered from the site
and flown into the jurisdiction of the US District Court of Tampa, Florida,
by OME17. Spain asserted; (a) the vessel was the Nuestra Señora de las
Mercedes, a frigate of war of the Royal Spanish Navy that had exploded
with great loss of life in 1804; (b) Spain had not abandoned its sovereign
rights over the vessel; (c) under international and domestic US las, foreign
State vessels should be afforded the same legal regime as those of the
US; (d) the court lacked subject-matter jurisdiction over the res under the
Foreign Sovereign Immunity Act of 1976 (FSIA).
In 2009, the Magistrate Judge Pizzo issued Report &amp; Recommendations
(R &amp; R) in favour of the legal position of Spain. He concluded, on the
balance of evidence, that the wreck was the Mercedes and
‘unquestionably’ the property of Spain18. Under the FSIA, which set out
the basis for US court jurisdiction over foreign States, a foreign State and
its property are presumptively immune from the jurisdiction of the US
courts unless an exception applied19. Judge Pizzo concluded that none of
the exceptions put forward by OME was applicable and consequently, the
court was ‘without jurisdiction to adjudicate the claims against Spain’s
property’20. He recommended OME to return the recovered items to
Spain21.

�The Treatment of Sunken State Vessels in the UCH Convention
Drafting Process
The 1994 International Law Association (ILA) draft and 1998 UNESCO
draft of the UCH Convention excluded warships and other state-owned or
operated vessels and aircraft used for non-commercial purposes from the
scope of application of the Convention by following the approach of many
maritime treaties because of its high political sensitivities. It meant that
most of the UCH in the world put outside of the protective framework of
the Convention and that it would seriously undermine the object of the
Convention.
One of the obstacles to removing the exclusion was the provision in the
1998 draft for abandonment “to be deemed” in certain cases. The
application of such a provision to state vessels was unacceptable to many
States that strongly insisted that their ownership rights could be lost only
through an express abandonment (Dromgoole and Gaskell, 1999) and it
was dropped.
The preferable outcome for the maritime States would have been for the
Convention to codify their stance on express abandonment and immunity
by providing that the express consent of the flag State would be required
in all cases of proposed interference with sunken State vessels. However,
a number of Latin American and Caribbean States refused to recognize
the title of the flag State to colonial-era vessels in their coastal waters.
They asserted that the UCH ‘is the property of the State in which it is found
and through this it is the heritage of the humanity22’. As a consequence, a
specific regime for sunken state vessels set out in the final text proved to
be unacceptable to most of maritime States.

�Definition of “State Vessels and Aircraft” and General Principle
Article 1(8) of the UCH Convention defines ‘state vessels and aircraft’ to
mean:
‘warships, and other vessels or aircraft that were owned or
operated by a State and used, at the time of sinking, only for
government non-commercial purposes, that are identified as such
and that meet the definition of underwater cultural heritage.’

The definition is consistent with those in other Conventions, including
UNCLOS and Salvage Convention in1989 and it excludes state-owned
vessels that were engaged in trade or other private service.
With regard to sovereign immunity, there were concerns about the
extent to which any new convention would afford coastal State
jurisdiction in respect of State vessels. The final text of the Convention
draws a compromise between the interests of flag States and coastal
States. In Article 2 (8), it is stated that:
‘(N)othing in this Convention shall be interpreted as modifying the
rules of international law and State practice pertaining to sovereign
immunities, nor any State’s rights with respect to its State vessels
and aircraft.’

Control Mechanisms in each maritime zone
Despite of the Article 2(8), Maritime powers such as France, the UK,
Russia and US voted against the adoption of the UCH Convention. One
of the main reasons of this was that the Convention prepares some
challenging provisions with regard to the control mechanisms in each
maritime zone, especially in Article 7(3) and 10(7), and they understood

�that the text did not cover all their legal expectation as flag States
protecting their sunken State vessels, particularly their sunken warships.
One of the most controversial is the regime of the territorial waters. Article
7(3) states:
‘Within their archipelagic waters and territorial sea, in the exercise
of their sovereignty and in recognition of general practice among
States, States Parties, with a view to cooperating on the best
methods of protecting State vessels and aircraft, should inform the
flag State Party to this Convention and, if applicable, other States
with a verifiable link, especially a cultural, historical or
archaeological link, with respect to the discovery of such
identifiable State vessels and aircraft. [Emphasis added.]’

In this Article, the problem is the use of term ‘should’ rather than ‘shall’
and it is highly contentious. It means the notice to the flag State is not
legally obliged and no consent of the flag State is required to conduct
activities directed at their sunken State vessels.
The mechanism in the EEZ and continental shelf is also highly
contentious. Article 10(7) states:
‘Subject to the provisions of paragraphs 2 and 4 of this Article, no
activity directed at State vessels and aircraft shall be conducted
without the agreement of the flag State and the collaboration of the
Coordinating State.’

It provides that no activity shall be conducted without the agreement of
the flag State, however it made two exceptions in cases; first, emergency
measures are required to prevent ‘immediate danger’ to UCH from ‘human
activities or any other cause, including looting’, in which case the consent
of the flag States does not have to be obtained first; second, the sovereign
rights or jurisdiction of a State party in its EEZ or on its continental shelf

�may be interfered with unless it takes action to prohibit or authorize
activities directed at UCH located in that zone.
In such cases, a State party may prohibit or authorize those activities
without first consulting the flag State. It seems that this is in consistent
with what Article 2(8) provides and gives rise to the confusion. Flag States
are bound to see the possibility of a coastal States acting under one of
these exceptions as an infringement of their sovereign rights, and
therefore, by using Article 2(8), they may challenge the coastal State’s
right to act (Dromgoole, 2003).
Conclusion
The UCH Convention seems to attempt challenging the existing
international law and State practices on the sovereign immunity issue in
order to accomplish the purpose of this Convention. It must be said,
however, the UCH Convention has failed to provide a satisfactory
compromise between the interests of flag States and coastal States on
the issue and it is the major obstacle to the ratification of the Convention
by a number of States. In fact, when the UK abstained from voting on the
final text of the Convention, it noted that the UK considers that ‘the current
text erodes the fundamental principles of customary international law,
codified in [the UNCLOS], of Sovereign Immunity which is retained by a
State’s warships and vessels and aircraft…. until expressly abandoned by
that State’. ‘The text purports to alter the fine balance between the equal,
but conflicting rights of Coastal and Flag States, carefully negotiated in
[the UNCLOS] in a way that is unacceptable’ to the UK. It highlights a
conflict between existing international law and the UCH Convention.

�In order to resolve such a conflict, it is needed to interpret once again
Article 2(8) which states ‘nothing in this Convention shall be interpreted
as modifying the rules of international law and State practice’ (emphasis
added) and observe the building process of customary international law
which is crystalized through the accumulation of States practices. The
UCH Convention has already entered into force with more than 50 State
parties. The Article 2(8) leaves the elaboration of the argument of the legal
status of sunken State vessels and their sovereign immunity in the future
State practices for building of customary international law and the
Convention itself might have the possibility of the evidence of them,
although several maritime States attempt to stop such a stream by stating
their position on the sovereign immunity of sunken State vessels as
mentioned above after the Juno and La Galga case and the Mercedes
case
In observation, in the favor of the UCH Convention, of the process of
crystallization of customary international law on this issue, ‘cooperation
among States’ which is the basic philosophy of the UCH Convention as it
is stated in its Preamble could be any key element. Cooperation, in fact,
can be seen in several bilateral agreements as introduced above and
might lead a new stream. In this context, some special circumstances
might give the wreck a particular status when it is considered to be either
a human grave (Aznar-Gómez, 2010; Garabello, 2004) or/and a historical
or cultural site.
When we consider thousands of military vessels and aircraft lost during
the First and Second World Wars in the twentieth-century, they will have
involved many human fatalities and the primary concern of States will be
to preserve the sanctity of the site and to ensure that any human remains
are afforded appropriate treatment (Dromgoole, 2013)23. The debate of

�this issue on sovereign immunity of sunken State vessels should keep reopening among States and their practices are needed to be continued to
observe carefully.
Endnotes
1

The paper primarily follows to the terminology of the UCH Convention
which uses “state vessels” in Article 1(8).
2

France ratified the Convention in 2013.

3

Adopted on 23 September 1910, US Treaty Series, p. 576.

4

Adopted on 28 April 1989, UN Treaty Series, Vol. 1953, p. 165

5

Adopted on 23 May 2007, IMO Doc. LEG/CONF.16/19 (2007).

6

Concluded on 6 November 1952, UN Treaty Series, Vol. 158, p. 432.

7

Concluded on 6 November 1972, Australian Treaty Series, No.18
(1972).
8

Concluded on 3 October 1989, UN Law of the Sea Bulletin, Vol. 20
(1996) p. 26.
9

Signé à le 31 mars 2003, Journal officiel de la République française, No.
144, p. 10560.
10

These unilateral declarations can be found in Federal Register, Vol.69,
No. 24 (2004) pp. 5647-5648.
11

Sea Hunt Inc. v. Unidentified Shipwrecked Vessel or Vessels, 47 F.
Supp. 2d 678 (E.D. Va. 1999).
12

Sea Hunt Inc. v. Unidentified Shipwrecked Vessel or Vessels, 221 F.31d
634 (4th Cir. 2000).
13

Sea Hunt Inc. v. Unidentified Shipwrecked Vessel or Vessels, 221 F.3d
634 (4th Cir. 2000), cert. denied, 148 L.Ed. 2d 956, 121 C. Ct. 1079
(2001).
14

Sea Hunt Inc. v. Unidentified Shipwrecked Vessel or Vessels, 221 F.3d
634 (4th Cir. 2000), pp. 640-641.
15

Expressed on 19 January 2001, Federal Register, Vol.69, No.24 (2004),
p. 5648.
16

Sea Hunt Inc. v. Unidentified Shipwrecked Vessel or Vessels, 221 F.3d
634 (4th Cir. 2000), p. 647.

�17

Odyssey Marine Exploration Inc. v. Unidentified, Shipwrecked Vessel,
675 F Supp. 2nd P. 1126 (2009).
18

Odyssey Marine Exploration Inc. v. Unidentified, Shipwrecked Vessel,
675 F. Supp.2nd P. 1126, 1139 (2009).
19

FSIA, Section 1609.

20

Odyssey Marine Exploration Inc. v. Unidentified, Shipwrecked Vessel,
675 F. Supp. 2nd P. 1126, 1130 (2009).
21

There were other parties to file a claim against the res, such as Peru
and 25 descendants of passengers transporting goods on the Mercedes.
22

Adopted on 16 June 1998, in UNESCO, Background Materials on the
Protection of the Underwater Cultural Heritage, Vol.2 (2000), p. 341-342.
23

One of the Japanese main concerns is recovering remains in the naval
battle site in the Pacific War. See (Iwabuchi, 2012) p.88-90.

References
Aznar-Gómez, M. J., 2003. Legal status of sunken warships ‘revised’.
Spanish Yearbook of International Law, Vol.9: 61-101. .
Aznar-Gómez, M. J., 2010. Treasure hunters, sunken state vessels and
the 2001 UNESCO Convention on the Protection of Underwater Cultural
Heritage. International Journal of Marine and Coastal Law, Vol.25: 209236. .
Cassese, A., 2005. International Law, 2nd ed., Oxford: Oxford University
Press.
Caflisch, L., 1983. Submarine antiquities and the international law of the
sea. In Asser Institute (Ed.), Netherlands Yearbook of International Law,
Vol.13, Springer, Heidelberg: 3-32.

Dromgoole, S., 2013. Underwater Cultural Heritage and International
Law, Cambridge, Cambridge University Press.
Dromgoole, S. and Gaskell, N., 1999. Draft UNESCO Convention on the
Protection of the Underwater Cultural Heritage 1998. International Journal
of Marine and Coastal Law, Vol. 14:171-192.

�Garabello, R., 2004. La Convenzione UNESCO sulla protezione del
patrimonio culturale subacqueo, Univ. Milano Bicocca, Milan.
Iwabuchi, A., 2012. Cultural Heritage under the Sea: An Introduction to
Underwater Archaeology. Kagaku-Dojin, Kyoto.
Migliorino, L., 1985. The recovery of sunken warships in international law.
In B. Vukas (Ed.), Essays on the Law of the Sea, Sveucilisna Naklada
Liver, Zagreb: 244-258.
Rubin, A., 1975. Sunken Soviet submarines and central intelligence: law
of property and the agency. American Journal of International Law,
Vol.69: 855-858.
Strati, A., 1995. The Protection of the Underwater Cultural Heritage: An
Emerging Objective of the Contemporary Law of the Sea. M. Nijhoff, The
Hague.
Vierucci, L., 2001. Le statut juridique des navires de guerre ayant coulé
dans des eaux etrangères: le cas des frégates espagnoles Juno et La
Galga retrouvées au large des côtes des Etats-Unis, Revue générale de
droit international public, Vol. 105: 705-725.
Yamamoto, S., 1981. Salvage of sunken foreign vessel and the
ownership. Hogaku Kyoushitsu, Vol. 1(4): 61-65.

Biography
Kaè OYAMA is an Associate Professor of International
Law at Chukyo University Japan. She finished her
Ph.D. course and LL.M course at Keio University,
Japan. Before her academic position, she was a fellow
at the Ocean Policy Research Foundation, and an
international legal analyst at the Ministry of Foreign
Affairs of Japan. She also experienced a Visiting
Professor of the United Nations University (2006-14)
and a visiting fellow at Lauterpacht Centre for
International Law, University of Cambridge (2012-13).
Her main publications include Introduction to International Law (2014),
International Order of the Seas and Ocean Policy (2006), and so forth.

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              <name>Title</name>
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                  <text>2017 Session 6: History and Current Trends of Underwater Archaeology around East Asia</text>
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                  <text>East Asia is extremely rich in underwater cultural heritage, such as conventional shipwrecks under the sea, submerged settlement sites on the bottoms of inland lakes and rivers, or prehistoric shell mounds along coastal zones.  For instance, the medieval or post-medieval aged wrecks and their cargos have recently been discovered one after another in the waters, or the underwater cultural heritage or seascape of stone tidal weir is a common cultural trait to the Ryukyu archipelago, western Japan, southern Korea, mainland China, and Formosa, which surround the East China Sea or a northern part of the Asian Mediterranean. No East Asian nation has ratified the UNESCO 2001 Convention, partly because it does not exactly correspond with oriental philosophy, it does not properly resolve the controversial issues upon sovereign immunity of warship wrecks, and so forth.  Occasionally, the principle of preservation in situ in the convention has not been the first choice as Asian waters have poor water clarity generally.  &#13;
&#13;
Nevertheless, each country has already moved forward with its own underwater archaeological policies and projects both on governmental and grassroots levels.  Some activities are in close cooperation with foreign institutions or universities.  In East Asia, document-based historical study or terrestrial archaeology has a long tradition, which has had a noteworthy impact upon underwater archaeology and its methodology.  Even in this region as well as in other Pacific areas, contrariwise, the technological advancement in underwater survey has remarkably been made recently; using remote-sensing with satellites, robotics for ROVs or AUVs, or 3D photogrammetry by computer software mitigates or cancels the limitations regarding accessibility and working time caused by underwater environment.  The tie between such modern technologies and archaeology has minted new applications and perspectives of underwater cultural heritage study.  The multi-disciplinary or holistic approaches are increasingly more and more necessary among Asian researchers.  &#13;
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              <name>Creator</name>
              <description>An entity primarily responsible for making the resource</description>
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                <elementText elementTextId="96">
                  <text>Akifumi Iwabuchi&#13;
Tokyo University of Marine Science and Technology, Japan    </text>
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                  <text>Kotaro Yamafune                                   &#13;
APPARATUS, LLC, Japan   </text>
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            <name>Title</name>
            <description>A name given to the resource</description>
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                <text>Legal Status of Sunken State Vessels and Sovereign Immunity </text>
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            <name>Description</name>
            <description>An account of the resource</description>
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                <text>The entry into force in 2009 of the UNESCO Convention on the Protection of Underwater Cultural Heritage (hereinafter referred to as 'UCH Convention') adopted in 2001 could be regarded as a welcome development to elaborate or clarify any ambiguity of only two marginal provisions as Article 149 and 303 with regard to underwater cultural heritage in United Nations Convention on the Law of the Sea in 1982 (hereinafter referred to as 'UNCLOS'). Some texts of the UCH Convention, however, give controversy in fact to the comprehensive international order of the seas in relation to the other provisions of UNCLOS and customary international law, e.g., the definition of underwater cultural heritage, the 'creeping' expansion of coastal states' jurisdiction especially in the EEZ and on the continental shelf, and the sovereign immunity of sunken state vessels [The paper primarily follows to the terminology of the UCH Convention which uses 'state vessels'. It is defined as 'warships, and other vessels...that were owned or operated by a State and used, at the time of sinking, only for government noncommercial purposes' in Article 1(8).] This presentation will especially focus on the issue of sovereign immunity of sunken state vessels amongst them. International law in relation to warships is complex and uncertain and the issue has high political sensitivity as Article 2(8) of the UCH Convention reflects such a circumstance. The purpose of the presentation, therefore, is to explore the legal status of sunken state vessels. It examines the related provisions and their drafting process of the UCH Convention, the legal status of warships which UNCLOS provides and in the rules of customary international law. It will also observe some cases including notable States practices.</text>
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            <name>Creator</name>
            <description>An entity primarily responsible for making the resource</description>
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              <elementText elementTextId="5612">
                <text>Kaè Oyama </text>
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            <name>Publisher</name>
            <description>An entity responsible for making the resource available</description>
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              <elementText elementTextId="5613">
                <text>The Museum of Underwater Archaeology</text>
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            <name>Date</name>
            <description>A point or period of time associated with an event in the lifecycle of the resource</description>
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              <elementText elementTextId="5614">
                <text>11/24/2017</text>
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          <element elementId="47">
            <name>Rights</name>
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            <elementTextContainer>
              <elementText elementTextId="5615">
                <text>KaÃ¨ Oyama </text>
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        <name>Asia-Pac Session 6 2017</name>
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