43 10 700 https://apconf-much.org/proceedings/files/original/c5f116d37fd59d72ae742b75a7690f4f.pdf 4338c70a07b08939373ab4d32b4e3df5 PDF Text 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 & Recommendations (R & 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. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2017 Session 6: History and Current Trends of Underwater Archaeology around East Asia Description An account of the resource 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. 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. Creator An entity primarily responsible for making the resource Akifumi Iwabuchi Tokyo University of Marine Science and Technology, Japan Kotaro Yamafune APPARATUS, LLC, Japan Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Legal Status of Sunken State Vessels and Sovereign Immunity Description An account of the resource 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. Creator An entity primarily responsible for making the resource Kaè Oyama Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 11/24/2017 Rights Information about rights held in and over the resource Kaè Oyama Asia-Pac Session 6 2017 https://apconf-much.org/proceedings/files/original/b529e1801d2ecbc7f3598dd2fa22c6af.pdf f49e7ebd2cd59e79eab61d7476e47351 PDF Text Text Uraga Port between Manila and Acapulco Kahoru Suzuki Japan Society for Nautical Research s-k20@nifty.com Abstract Uraga Port at the southern end of the Miura Peninsula, located at the entrance of Tokyo Bay, is formed as a deep cove from the Pacific Ocean; it is less susceptible to weather conditions and is suitable for the natural environment. In the 16th and 17th centuries, Japan opened three international trade ports. Holland and England is Hirado, Portugal is Nagasaki, Spain is Uraga. Ieyasu Tokugawa begins dispatching shipbuilding engineers and miners from Spain and as a result of negotiating with the Philippine Governor General, the Spaniards of Manila visited Uraga Port every year since 1604 and the Franciscan Monastery in the town was built. Ieyasu Tokugawa also sent British William Adams to Manila and negotiated to continue dealing with Spain However, contrary to the intention of Ieyasu Tokugawa, Spain did not convey shipbuilding technology and mining technology. In 1611, Mexican envoy Sebastián Vizcaíno came to Uraga, but only the east coast of Japan was investigated. At the beginning of the Edo period Christianity was forbidden in 1613. Just before the death of Ieyasu Tokugawa, Diego de Santa Catalina came to Uraga, Ieyasu Tokugawa questioned Spain's attitude, banished him to Spain, and the transaction with Spain was completely completed. Japan took an isolation policy and only Uraga Port quietly disappeared as a trade port. Key words: Galleon, port, Manila, Acapulco Introduction When Ieyasu Tokugawa appeared on the political front stage, Japan was isolated from East Asian countries being a disorderly situation both economically and externally. For him, therefore, it was natural trend to �revive the economic infrastructure and turn it into a way to open the country. First of all, Ieyasu Tokugawa started the normalization of diplomacy in Spain, which had been severed by the San Felipe incident. In December 1598, Ieyasu Tokugawa contacted Franciscan missionaries and negotiated to invite a Spanish ship in Manila to Uraga. He sent a letter to the Spanish Governor of the Philippines to dispatch construction engineers of Galleon ship and innovative smelting engineers of Mexico. As a result, the Franciscan monastery was built in Uraga. Since 1604 a Spanish ship from Manila to Acapulco had entered to Uraga every year, which was opened as an international trade port. It is worth noting that William Adams from England was closely involved in this Uraga diplomacy. Today, a number of studies on William Adams conducted by Japanese, Dutch, or British researchers, but on him as a diplomatic advisor of Ieyasu Tokugawa for Spain is not considered at all. Despite the fact that politicians did not usually hire foreigners in Japanese history, reasons why only William Adams was hired were not discussed among scholars. Although Nagasaki and Hirado trades have been investigated a lot, no survey on Uraga trade has been done. Why did Ieyasu Tokugawa abandon the deportation order of missionaries by Hideyoshi Toyotomi and accept Catholicism? Request Spanish Miners and Shipbuilding Technicians �Ieyasu’s negotiations with Spain are not limited to trade. He was trying to invite shipbuilders for western styled Galleon ships and miners. At that time Japan was using troublesome method, called haihuki method, for silver mining. Because of its immaturity, this method led lots of economical loss. On the other hand, Spain used a revolutionary amalgam method in Mexico and Peru that used ‘lead’. This technology was discovered in Mexico in 1557 and was adopted in 1571, whereby Mexico gained a lot of silver. For Ieyasu’s future perspectives on progress of economic policy, introduction of this technology to domestic silver mining had an important meaning. In addition, Japan did not have any construction technologies for large western typed sailing vessels to withstand trans-Pacific voyage, Ieyasu Tokugawa thought that its technological introduction from Spain was important as well. To accomplish his two plans, in December 1598 Ieyasu Tokugawa summoned a Franciscan missionary Jerónimo de Jesús who had experiences of trade-negotiations in Japan since the era of Hideyoshi Toyotomi. Ieyasu Tokugawa proposed for Spain to use Uraga as a trading post and build big ships there. In order to avoid drifting alike the San Felipe issue, Jerónimo de Jesús considered that using another ports in the Far East between Manila and Acapulco passage was useful. To do so, he thought, it was essential to survey the east coast of Japan for safe voyage �around the Far East. Yet, Jerónimo de Jesús explained that he had to request these plans to the Spanish Governor of the Philippines. However, the Spanish side did not intend to accept Ieyasu's request at all. Rodrigo de Vivero y Aberrucia mentioned this issue in his An Account of Japan, 1609 that there were abundant of silver veins in Japan; even though they did not have a good smelting technology, production is surprisingly vast. He also remarked that if Japan had had foreign miners and mercury for production of silvers, wealth of Japan might have become a threat for Spain. As for shipbuilding technologies, Antonio de Morga, an aide of the Spanish Governor of the Philippines remarked about this issue in his Sucesos de las Islas Filipinas, he said that giving technology of shipbuilding to Japan was not a wise decision. Manila did not receive any attacks from Japan before that time because only because Japan did not have any technologies to build large sailing vessels. If Japan became to possess such technologies, Japan would come to Manila by ship to attack the Spanish territories. If those trading posts were attacked by Japanese troops, 500 Spaniards in a castle have no power to fight back. Japanese Laws Regarding Shipwrecks and Extinction of Yawata Ships In Japan it was believed that shipwrecks were caused by Gods of the sea since the ancient times, and cargos and trade goods of the wrecked ships �were legally confiscated by the owner of the coastal land. To ease the anger of the sea gods, thereafter, new temples or shrines were built using sales-profits of such goods from the wrecks. No captain of the ship had any rights to repair the ships or to retrieve properties and cargos from the wrecks. The substantial loss of the San Felipe confiscated by Hideyoshi Toyotomi exceeded 1 million pesos. Therefore, the Spaniards from Manila to Acapulco had to avoid getting stranded in Japan. Ieyasu Tokugawa was concerned that this Japanese custom regarding shipwrecks was a biggest obstacle against the negotiations with Spain. In 1602, Ieyasu Tokugawa noted to the Spanish Governor of the Philippines that ‘in the future we would not confiscate any cargos and trading goods of drifting ships from your country, and Japan should also provide some foods and places to repairs Spanish ships’. The similar political statements were written in the trade patent form with the Netherlands and with England later. In a letter of July 1599, the Spanish Governor of the Philippines requested three issues to Ieyasu Tokugawa, viz. control and punishment of the Yawata ships (Japanese pirates) in the Philippine Sea, prohibiting Japanese from visiting Manila without permission, and not dispatching more than three vessels each year (Ikoku Nikki). Spanish asked for a proof or an insurance of a public trade to Japanese side, and requested as many permission documents (Watanai Seal Imprint) for trading with Ieyasu Tokugawa. According to a study by a Japanese scholar, Ieyasu �Tokugawa enacted an order that any ships having neither seal nor permission document should not allowed to go to the Philippines. This new regulation or red seal system was executed from 1600; the origin of red seal trade system was born from the Uraga diplomacy by Ieyasu Tokugawa. Two Spanish Vessels Drifted into Kanto There were two records of drift incidents of Spanish ships from Manila to Kanto has. The first one is commander Don Juan Esquerra drifted to Otaki Kazusa in the fall of 1601. At this time, Ieyasu Tokugawa provided a sailing ship built by William Adams in Japan and provisions. He successfully returned to Luzon in 1604 (Ikoku Nikki). After that, an ambassador visited to Uraga in May 1606 to display their appreciation for Ieyasu’s treatment on commander Don Juan Esquerra. This visiting was recorded as "Sagami-kun to Miura Odori Hanedai" in 1606. The second wreck occurred in September 1609. The Spanish Governor of the Philippines Rodrigo de Vivero y Aberrucia or Don Rodrigo wrecked at Kanto Iwawada on his return trip to Acapulco. This time, Ieyasu Tokugawa sent William Adams to Iwawada. In An Account of Japan, 1609, Rodrigo de Vivero y Aberrucia mentioned ‘Ieyasu’s favorite British officer William Adams brought a passage-permission “salvo conducto” and a red seal “chapa”’. At this opportunity, Ieyasu Tokugawa tried re-negotiating with Rodrigo de Vivero y Aberrucia, regarding the dispatch of miners. The agreements of this negotiation between them were listed below: �1. Providing provisions and foods for Spaniards. 2. Repair for ships shall be provided by Japanese shipbuilders with normal wages. 3. Ambassadors shall be treated respectively in Japan, and accommodations are provided to them. 4. Between 100 and 200 Spanish miners shall be dispatched to Japan. When a vein was discovered by Spanish, half of the smelted silver will be divided among miners, and the remaining half shall be divided into Ieyasu Tokugawa and King Felipe. 5. Priests have to be allowed to stay in Japan for the Spanish miners, and all jurisdictions for them were controlled by Spanish side. 6. When Spanish were attacked by Japanese, the Japanese king shall punish the offenders. 7. Exorcise Dutch from Japan. 8. Permit Spanish to survey on east coast of Japan. The reason why ‘shipbuilders and Galleons’ was not a part of this agreement was that Ieyasu Tokugawa already owned sailing vessels which were built by William Adams and their construction techniques. To Rodrigo de Vivero y Aberrucia, Ieyasu Tokugawa gave a 120 ton ship which was designed and built by William Adams for his return trip. This ship was named San Buena Ventura and, in August 1610, Rodrigo de Vivero y Aberrucia left Uraga port for Acapulco. In the maritime history of Japan, the first ship crossed the Pacific Ocean was this vessel built by William Adams. William Adams' Negotiations with Manila Since 1604, Uraga Minato in the Kanto area had been used as a trading post by Spanish mercantile ships every year. On the other hand, Portugal �tried to prevent Manila from its trading with China and Japan. According to Lorenzo Pérez’s Apostolado y martirio del Beato Luis Sotelo en el Japón, following this notion, in May 1606 the Spanish Roundtable Conference was held at the Kingdom of Spain, and the king ordered the Spanish Governor of the Philippines to stop Manila from its trade with Japan. To mitigate and solve this problem, Spanish captain Francisco Moreno Donoso together with a missionary Beato Luis Sotelo visited Ieyasu Tokugawato in order to seek a solution. Beato Luis Sotelo suggested Ieyasu Tokugawa to send William Adams to Manila as a negotiator with Spain. As a result, William Adams visited the Spanish Governor of the Philippines Rodrigo de Vivero y Aberrucia on 15th June 1608 at Manila. This was thirteen years before the beginning of Japan’s commerce with England, i.e. Adams' home country. This was also one year before Rodrigo de Vivero y Aberrucia drifted to Kanto Iwawada on his return voyage to Acapulco in 1609. Rodrigo de Vivero y Aberrucia understood the potential of profits that the Philippines gained from trade and relationships with Japan. On 9th July 1608, he released all Japanese prisoners in order to finish, or get rid of, issues related to Yawata ships (Japanese pirates) which had been pending. Then, Rodrigo de Vivero y Aberrucia wrote a letter to Ieyasu Tokugawa on the same day. This letter in Ikoku Nikki, which was translated by one of Ieyasu’s personal scholars, is as follows: �捧 前将軍家康尊公書云 本国伊須波二屋之帝王 当国呂宋為守護拙夫被仰付 今度致渡海 候。然者、前々於守護人 御懇意之段令承知候。到我等、無御異 議候様可恭候 縦雖隔雲山万里候。心中者非其儀候。彌々可申談 候。次又拙夫、此国参着砌 当所数年逗留之日本人徒者共候而 所之騒ニ罷成候之間 当年者壹人も不相残帰国之儀申付候。雖然 毎年渡海之商客 何も無疎意人等候之間 致馳走候。向後別儀有 ・ ・ ・・ 間敷候。如例年 今年も黒船差渡候。則到関東可乗入之旨 安子 申付候。併海路不任雅意候へは 日域中者、皆以御国之儀候之間 何所へ成共 風次第可入津之由申付候 此加飛丹同船中者共 御 馳走奉仰候。兼又貴国居住之ふらて之儀 如前々被加御哀燐候様 是又奉仰候。少進物以目録申上候。奉表寸志而已。恐惶敬白。 慶長拾三年五月廿七日 鈍、ろちりこで 朱印 びへいろ 判也 謹上 日本国御主、大御所様 (Rodrigo de Vivero y Aberrucia, who arrived in Manila was the Governor of the King of the Spanish Kingdom. In order to strengthen the bond for long-lasting relationship with your country (Japan), Rodrigo de Vivero y Aberrucia released all the Japanese prisoners who had been imprisoned in Manila for several years. Rodrigo de Vivero y Aberrucia believed that two nations shall have good relationship and conflicts in �such will not reoccur. This year, Rodrigo de Vivero y Aberrucia will send one ship, and he will give an order the ship to enter Kanto, and Rodrigo de Vivero y Aberrucia has already mentioned so to ‘Ange’ and requested provisions and other hospitality for its captain.) The author believes that, together with one captain and one navigator of the ship, William Adams was onboard this ship to Japan in 1608. A person, who was described as ‘Ange’ in the letter, was also known as Miura Anno. Indeed, his person was William Adams. His presence onboard was also described in Lorenzo Pérez’s letter, saying that he ordered William Adams to enter the Kanto area. The Minister of State of Mexico for Japanese and Chinese affairs, C. A. Lera also mentioned and described William Adams as ‘Anjin’. In the book of Ikoku Nikki, additionally, William Adams was written and named as ‘Anza’, ‘Anji’, ‘Ann’, or ‘Anzin’, and in Japanese Travel Book written by John Saris, William Adams was named ‘Ange’. William Adams' trip to Manila, indeed, solved the problems related to Yawata ships (Japanese pirates) that had been causing problems in Philippine waters, and he managed to resume the Uraga trade. In the same year, to avoid unnecessary conflicts, an ordinance was enacted in Uraga that was to forbid Uraga residency to do any violence activities against Spanish people. According to Apostolado y martirio del Beato Luis Sotelo en el Japón, written by C. A. Lera, this ordinance was created based on William Adams’s advice. In Uraga, a Franciscan monastery was constructed in the same year as well which was also based on advice of �William Adams. These generous treatments toward Spanish people in Uraga were not because Ieyasu Tokugawa mitigated his attitude against Christianity but because rather Ieyasu Tokugawa needed to withhold his negative opinions toward Christianity in order to make his business with Spain more successful. Importance of William Adams Why Ieyasu Tokugawa did heavily trust William Adams as a diplomatic adviser? In the history of Japan, his case was extremely exceptional because there were no other cases, except for William Adams. Japanese emperors, shoguns, or important authorities have never used foreigners as their important consultants before. Presumably, indeed, this happened because of the Uraga diplomatic and trading policy by Ieyasu Tokugawa. 1. When William Adams visited Ieyasu Tokugawa first time in April 1600, he asked Ieyasu Tokugawa to give him permission to start business in Japan like other Portuguese or Chinese merchants, but Ieyasu Tokugawa did not give him any permissions, which William Adams recorded in his journal. If Ieyasu’s interest had been to use William Adams for trade purposes with England or the Netherlands, he might not have had been allowed by Ieyasu Tokugawa to trade with Spain. Ieyasu Tokugawa would have asked William Adams on the early stage to look for Dutch or British trading partners as soon as possible. However, the trade with the Netherlands established later in August 1609, nine years after Adams came to Japan and that one with England was established in October �1613, thirteen years after his arrival. In addition, trading agreements were established with the Netherlands and England because these countries needed Japan for their international competitions. Their positive attitudes toward trades with Japan were so much different from the passive or rather negative attitude of Spanish. Ieyasu Tokugawa himself was the person who eagerly invited Spain to Uraga to establish a good economic relationship with Manila or Acapulco. 2. Indeed, Ieyasu Tokugawa never invited any mercantile vessels form the Netherlands and England to enter Uraga. Both nations were only permitted to build commercial halls in Hirado. If Ieyasu Tokugawa wished, Ieyasu he could easily have invited or ordered mercantile vessels from the Netherlands and England to establish trading posts in Unaga, which is very close to Edo, in order to make Kanto as an international economic center. However, only Spain was frequently asked and invited to use Uraga by Ieyasu Tokugawa. 3. Another interesting fact was that Ieyasu Tokugawa gave William Adams a house at Edo, as well as at the village of Hemi where close to Uraga. Ieyase Tokugawa gave even a fief near Uraga to William Adams, too. These facts clearly indicate that William Adams was expected to work as an Ieyasu’s diplomatic advisor for Spanish issues, not for a simple trading advisor with England and the Netherlands. This is obvious because another Dutch diplomatic advisor Jan Joosten only received a house at Edo from Ieyasu Tokugawa. �4. On 15th August 1615 when the ambassador Diego de Santa Catalina, who was sent by the Spanish Governor Mexico, arrived in Uraga on Masamune’s ship, San Juan Bautista, Ieyasu Tokugawa summoned William Adams from Hirado to Uraga. This event also indicated that William Adams was especially expected to work on diplomatic negotiations, in particular, with Spain. It is clear from the above that William Adams was a heavily specialized personal for Ieyasu’s Spain diplomacy. Relationship between Masamune’s European Ship and Sebastián Vizcaíno. In June 1611, to thanks to hospitalities that Rodrigo de Vivero y Aberrucia received from Ieyasu Tokugawa during the wreck incidents on his way returning to Acapulco, Sebastián Vizcaíno, the ambassador of the Spanish Governor of Mexico, entered Uraga. Another mission of his was to survey the east coast of Japan and to discover a legendary island where produced fruitful amounts of gold and silver believed to exist near Japan, and to make this legendary place as Spanish new trading port in East Asia. Not surprisingly, Sebastián Vizcaíno did not manage to find a fictitious gold and silver island, repeatedly encountered storms, and his ship was destroyed eventually and returned to Uraga for repair on 7th November 1612. After Sebastián Vizcaíno returned to Uraga, he asked Ieyasu Tokugawa to lend his help for construction of a new sailing vessel to go home. However, Ieyasu Tokugawa received from him only some �nautical charts and maps of east coast of Japan, not any silver mining engineers. Then, Ieyasu Tokugawa began to realize that his attempt to invite Spanish miners to Japan to improve Japan’s domestic mining system would not be materialized. Instead, Sebastián Vizcaíno asked Masamune Date, a local lord of Oshu, for help. When he visited the east coast of Japan, such as coasts of Oshu, for surveying, he met Masamune Date who said to him that Masmune Date loved to invite mercantle vessels from Mexico. After that, Sebastián Vizcaíno offered a shipbuilding master to Masamune Date and, thanks to this goodwill, Masamune Date later dispatched his embassy to Europe. Accordingly, Ieyasu’s attempt to invite Spanish miners to Japan fell apart without any successes. It was 1st February 1614 that Ieyasu’s new executive order to completely ban against Christian propagations throughout the country was enacted. Thus, his plan to transform Uraga into an international trade port was perished and ended. Conclusion Leyasu 's Uraga diplomacy was exclusively focused on relationship with Spain. Moreover, the port that Ieyasu Tokugawa used to invite Spanish mercantile vessels was always Uraga port. Other ports that Ieyasu Tokugawa used to invite other European nations such as England, the Netherlands, and Portugal were not Uraga but Hirado or Nagasaki. Ieyasu’s true intention was to import and learn new profitable techniques of mining developed in Mexico. For Ieyasu Tokugawa, therefore, William �Adams was a very important diplomatic consultant to negotiate with Spain. To build a friendly relationship with Spain, Ieyasu Tokugawa answered to requests by the Spanish Governor of the Philippines to give permissions with red seals to the limited numbers of Japanese mercantile ships. In other words, the original concept of Ieyasu's red seal trade system was born from his Uraga diplomacy. From the beginning, Spanish did not have any intentions to send their silver miners to Japan. Ieyasu’s mistake was that he could not disclose their intentions. Failure of his Uraga diplomacy resulted in the complete ban on Christianity in Japan. Nearly 300,000 Japanese who believed in teachings of the Society of Jesuit and Franciscan were killed in the end. Consequently, Japan or Tokugawa-Shogunate decided to close the doors to any foreign countries, except for the Netherlands and for China. It could be said that Ieyasu’s Uraga diplomacy with Spain also triggered the 250 years of Japan’s national isolation. References Suzuki, K., 1994. Uraga port opening and intention of Tokugawa Ieyasu. Kanagawa Chiikishi Kenkyu, Vol. 12:1-17. . Suzuki, K., 2010. Diplomatic Relation between Span and Japan by Ieyasu Tokugawa. Shin Jimbutsuourai Sha, Tokyo. Suzuki, K., 2014. Spain diplomacy and Uraga minato. Kanagawa, Vol. 52: 1-20. Regional �Biography Kahoru Suzuki, born in 1946 at the Kanagawa Prefecture, Japan, is a specialized national public servant in the Japanese government, who was decorated with the Order of the Sacred Treasure, Silver Rays in 2016. She is a member of the Japan Society for Nautical Research and the Society of Japanese Historical Research. In 1993 she received her BA in Japanese History from Kokugakuin University. Her books include The Sagami Miura Clan and their History (Shin Jimbutsuourai Sha, 2007), Diplomatic Relation between Span and Japan by Ieyasu Tokugawa (Shin Jimbutsuourai Sha, 2010), or The Mukai Navy and its Surroundings (Shincho, 2014). � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2017 Session 6: History and Current Trends of Underwater Archaeology around East Asia Description An account of the resource 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. 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. Creator An entity primarily responsible for making the resource Akifumi Iwabuchi Tokyo University of Marine Science and Technology, Japan Kotaro Yamafune APPARATUS, LLC, Japan Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Uraga Port between Manila and Acapulco Description An account of the resource Uraga Port at the southern end of the Miura Peninsula, located at the entrance of Tokyo Bay, is formed as a deep cove from the Pacific Ocean; it is less susceptible to weather conditions and is suitable for the natural environment. In the 16th and 17th centuries, Japan opened three international trade ports. Holland and England is Hirado, Portugal is Nagasaki, Spain is Uraga. Ieyasu Tokugawa begins dispatching shipbuilding engineers and miners from Spain and as a result of negotiating with the Philippine Governor General, the Spaniards of Manila visited Uraga Port every year since 1604 and the Franciscan Monastery in the town was built. Ieyasu Tokugawa also sent British William Adams to Manila and negotiated to continue dealing with Spain However, contrary to the intention of Ieyasu Tokugawa, Spain did not convey shipbuilding technology and mining technology. In 1611, Mexican envoy Sebastián Vizcaíno came to Uraga, but only the east coast of Japan was investigated. At the beginning of the Edo period Christianity was forbidden in 1613. Just before the death of Ieyasu Tokugawa, Diego de Santa Catalina came to Uraga, Ieyasu Tokugawa questioned Spain's attitude, banished him to Spain, and the transaction with Spain was completely completed. Japan took an isolation policy and only Uraga Port quietly disappeared as a trade port. Creator An entity primarily responsible for making the resource Kahoru Suzuki Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 11/24/2017 Rights Information about rights held in and over the resource Kahoru Suzuki Asia-Pac Session 6 2017 https://apconf-much.org/proceedings/files/original/420b412c648f21363610d71afd756882.pdf 1bb2715c47bd4ae700900a08bac4e49e PDF Text Text Date: March 24, 2017 KAMSAN HENG MR. DIRECTOR OF ANTIQUITY DEPARTMENT, MOCFA. MEMBER OF ECONOMIC SOCIAL AND CULTURAL COUNCIL, OCM. TEL: +855 89 810 089 EMAIL: kamsan_heng@yahoo.com TOPIC: Risk and Protective Measures of Cultural Property in Cambodia The risk to cultural property takes several forms such as risk from illegal activities, risk from neglect, and primarily the risk that cultural heritage is not well understood, but the key element of this presentation is protection. Cultural heritage property come in at least three forms; tangible, intangible, and the term Memory of the World (MoW). In response to tangible heritage property protection the government of Cambodia has taken measures that are far reaching and sustainable. Those measures include but not limited to legislation in the form of Royal Decrees and sub decrees, ministerial directives and initiatives, protective custody in secure sites such as museums, greater site protection, and management, conservation and renovation of cultural heritage ruins and artifacts. In addition to these measure, a concerted effort to promote public awareness and participation in heritage protection efforts. Supplementing Cambodian efforts are those of UNESCO, international organizations, and special agreements between nations to cooperate in stopping illegal trafficking of heritage. Efforts within Cambodia have been undertaken to recognize intangible heritage as an equally important aspect of culture that requires preservation. Organizations such as ICCMOS. ICOMOS, and World Heritage are important in the planning and management of all heritage. Cambodia is a participant in MoW with the Archives of the Tuol Sleng Genocide Museum. With two World Heritage sites, Angkor Archaeological Park, and Preah Vihear, and soon to be recognized Sambor Prei Kuk Archaeological Site, and four intangible cultural heritage elements, Cambodia is well on the way to a more sustainable cultural heritage management policy and plan. In the international cooperating arena two especially productive agreements are in place. With the United States government, a “Red list of Cambodian Antiquities at Risk” has been published and distributed. It provides a good basic definition of the heritage that is most likely to be illegally traded. Additionally, with the US government cooperation in their Customs and Homeland Security, and Justice Department has returned many valuable artifacts to Cambodia and stopped the sale of others. Closer to Cambodia the Royal Thai Government has assisted in preventing cross-border trafficking and return many large and significant stone and wooden works of art. Cambodia is also grateful to the private individuals who understand the importance of heritage who have donated cultural property from their legally acquired collections to the Kingdom of Cambodia. �The measures that have been in place and reinforced by Cambodia and its’ worldwide partners are steps to insuring that the protection and management of cultural property is sustained for future generations. • Respond to the protection and conservation of tangible and intangible cultural heritage sustainable, Ministry of Culture and Fine Arts, and are taking a step forward by getting remarkable results including:  The creation of various legal and regulatory documents.  Strategic planning and implementation of legal measures in the management of cultural heritage.  Identifying archaeological sites and ruins to protect.  Management, conservation and renovation of archaeological ruins and artifacts.  The inventory of archaeological sites and temples.  The inventory of museum collections and public and private cultural property outside museum.  Preparation of technical documentation of tangible and intangible cultural heritage, World Heritage.  Improve the existing museum building and the establishment of a new museum in the provinces and city to process.  The opening of training and human resources building.  Public awareness and mobilizing the participation of communities and citizens.  To strengthen cooperation within the framework of national, regional and international. • Article 5 of the Convention on the means of prohibiting and prevent exports and exchange of ownership of cultural property illegally (the Convention entered into force on 24 April 1972, and Cambodia adopted on 26 September 1972) was written to ensure the protection of properties subscription asteroid prevent the export, import and ownership of cultural property illegally countries as a member of the Convention agreed to create an institution or organization for the protection of cultural property by equipped with staff qualified to carry out effectively its role as follows:  And contribute to the draft regulations for the protection of cultural property management.  Inventory of key public and private cultural property export of cultural property is a clause that involve extinction of national cultural heritage.  Boost the development or the establishment of scientific and technical institutions (museums, libraries, archives conservation lab workshops ...) that are necessary for ensuring the maintenance and display of cultural property. � Assigned to oversee the archaeological excavation to ensure protection (in place) because any cultural property income and protect any areas for future research.  Take measures to promote media education and promote respect for cultural heritage for all bribe.  Be deemed to preach to the masses in a way appropriate to do to show the lost cultural property.  The launch of an appropriate certificate in which the country exports any cultural properties is obtained permits and cards. Coupons should send all legally exported cultural property.  Prohibits the export of cultural property from its territory unless export letter as stated above.  Preach to the masses about the ban by using appropriate means, especially among those who can be exported or imported cultural property. • In the international arena, we also get great results should be proud:  Actual recent "archives of the Museum Tuol Sleng Genocide" has been included in the list of UNESCO of the Memory of the World (MoW) in late July 2009 after heritage tangible Two UNESCO included in the World Heritage List is the archaeological site of Angkor in 1992, and the resort national culture of Preas Vihear Temple in 2008 and Intangible Heritage of four other UNESCO inserted as masterpieces of intangible heritage of humanity of which comprises the Royal Ballet in Nov 2003, the Large Shadow Puppetry in Nov 2005, Tugging Rituals and Games in Dec 2015 and Chapei Dang Veng in Nov 2016. Memory of the World (MoW) The Archives of the Tuol Sleng Genocide Museum in late July 2009 The Heritage Tangible Two UNESCO included in the World Heritage List are: Archaeological site of Angkor in 1992 �Resort National Culture of Preas Vihear Temple, in late July, 2008 Intangible Heritage of four other UNESCO inserted as masterpieces of intangible heritage of humanity of which comprises: Large Shadow Puppetry in Nov 2005 Royal Ballet in Nov 2003 Tugging Rituals and Games in Dec 2015 Chapei Dang Veng in Nov 2016 �Legal Measures and Regulations  National Level  Law on the Protection of Cultural Heritage (01/1996).  Sub Decree on the implementation of the Protection of Cultural Heritage (09/2002).  Law on the Rights and Related Rights system (03/2003).  Royal decrees Sub Decree and other notice regarding the artistic and cultural sector, especially related to cultural heritage.  Regional and International Level  Cambodia has signed a memorandum of Convention relating to the protection and particular. understand ding and the preservation of cultural heritage, in  Bilateral Agreement between the Government of the Kingdom of Cambodia and the Government of the Kingdom of Thailand on anti-border smuggling and illegal traffic of cultural property which is movable and the transmission of cultural property (06/2000).  Memorandum of Understanding between the Royal Government of Cambodia and the United States on the limits to ban the import of Khmer artifacts (09/2003). As a member state of UNESCO exhibition on July 3, 1951, Cambodia has been involved in many international activities related to the protection of tangible and intangible cultural heritage. Since 1960s, Cambodia has signed excuse Castle Convention and Protocol such as:  Conventions and the first Protocols for the Protection of Cultural Property in the Event of Armed Conflict. The Hague on May 14, 1954 (adopted on April 4, 1962 and the Second Optional Protocol is on May 17, 1999).  The Convention on the Means of Prohibition and Control of Imports and Exports, Change of ownership of Cultural Property Illegally called “1972 Convention”, adopted on September 26, 1972.  The Convention on the World Cultural and Natural Heritage, called “World Heritage Convention” adopted on November 28, 1991.  UNITE DROTE Convention on Cultural Property was Stolen or Illegally held Integra -ted “adopted on February 21, 2002”.  The Convention on the Protection of Intangible Cultural January 18, 2006”. Heritage “adopted on  The Convention on the Protection and Promotion of Diversity of Cultural Diversity “adopted on July 20, 2007”.  Convention on the Protection of Underwater Cultural Heritage July 20, 2007”. “adopted on Cultural Property at Risk  Although the Government has taken a number of measures, and in the Protection of Cultural Heritage, art looting and destruction of archaeological sites continue. Example: A recent is the destruction in a new format appears with prehistoric site was burglarized. � Finding artifacts caused demand on the international market. Traffic of all types of illegal artifacts and materials that date from prehistory to the 19th century is a country rich in cultural heritage can lead to disaster. RED LIST OF CAMBODIAN ANTIQUITIES AT RISK With the agreement on the Memorandum of Understanding between the Royal Government of Cambodia and the US government on the limits ban the imports of artifacts Khmer, US State Department has been providing assistance to the Council for the International Museum in collaboration between the Ministry Culture and Fine Arts and experts of national and international, to study and document the "Red List of archaeological Cambodia be at risk" for the purpose of protection and prevent the circulation of illegal Heritage Khmer. The work began in June 2008 and was completed in early 2009, printed in Khmer, English, French, German, Spanish and Thai. Cultural property is divided into: The type of feedstock  Stones (including precious first slap).  Metal (bronze, copper, iron, gold and silver).  Objects made of organic material (wood, paper, leaves).  Ceramics and glass objects.  Periodic:  Prehistory (5th century BC. to 5th AD.)  Pre-Angkorian (6th to 8th AD.)  Angkor period (9th to 13rd AD.)  Post-Angkorian (14th to 20th AD.) �Measures to protect artifacts I- UNESCO Convention of 1972 states that the members of the Convention agreed to take all necessary are: A- To prevent any museum in the country of its acceptance of cultural property that was illegally exported. B- Prohibit the import of cultural property that had been stolen from museums or any public institution after the Convention entered into force. C- At the request of an owner to pay back their cultural heritage, which was piled stolen and exported to other countries. Article 2- Countries are members of the Convention recognizes that imports export and transfer of ownership of possessions measure protection culture illegally is a major cause of one of the causes, those causes extinction cultural heritage of the country, which is the original owner of the properties of those, and that international cooperation is the one of the measures are measures efficiency those in protecting the cultural heritage of each country against the threat of exports, imported illegally. • For many years, the competent authorities involved in joint cultural property seats in the temples and archaeological objects found by the people to save the museum and a safe place to preserve. • Some cultural property to the competent authorities of Cambodia take from merchants who attempt to export abroad. Cambodian armed forces in the province take the dishonest traders. �• Cultural heritage, some have returned to Cambodia from other countries through the international cooperation based on the international law and agreements, bilateral or multilateral between each other and to overcome any problems that need to resist, especially the export of illegal cultural property from the territory of any payments and properties, then returned to the original owners. • Sculpture Lokeshvara, there is a lot of hand on the temple wall 2 and inscriptions and other objects was captured by Thai authorities in 1999, when transported into Thailand. Based on bilateral agreements on anti-border smuggling and illegal traffic of cultural property, movable and transmission of cultural property were returned to the country of origin. Royal Thai government awarded to Cambodia in 2000. �• Khmer artifacts 7 (01 angels on the head and a strong head 06 out of 43) that authorities take the Thai government was returned to the Cambodian government awarded on June12, 2009. • Based on the agreement bilateral on the memorandum of understanding between the Royal Government of Cambodia and the Government of the United States on a restricted ban the imports of artifacts Khmer (19 September 2003 and renewed in August 2008 and the Convention of UNESCO on the statues head APSARA was US authorities take in the state of California relatives in 2005 and returned to hand over to the Royal Cambodia on 30 July 2007. • Khmer cultural heritage and someone has returned to Cambodia from various countries through the generous donation. Jewelry, gold crown Angkor period between th th the 12 to the 13 century that foreign generous charities awarded on 04 January 2008. Statue of ancient Khmer th (hunchback), sandstone 10 century originate from the Koh Ker site foreign generous awarded on 17 October 2002. �Khmer silver Ceramic ancient with inscription th around the 13 century, foreign generous charities, awarded on 16 July 2004. Towing precious ancient script written, Bayon th style 13 century, foreign generous charities presented on 12 June 2009. Cooperation projects in the framework of international International Organization of Museums (ICOM) in collaboration with EFEO, published this book in 1993 and the second edition in 1997. This book has become an effective tool in providing information about the Khmer artifacts stolen from Cambodia to seek and to get it back. Actual result from print books, with good cooperation and greater efforts by national and international institutions so far 9 artifacts returned to Cambodia and some are researching. Brahma head (DCA.3489, Ka.2337) was cut off from the statue of Brahma from Temple of Rolous Group, Angkor area. This object was discovered in Britain in November 1994, which was sold in London by Sothebys's on 21 October 1993. British sent returned to Cambodia on 4 December 1996. Torso female statue (DCA.1429, ka.2472). was stolen in the early 1980s and has been spotted in France. Frenchman in Paris, awarded to Cambodia on 19 February 1997. �The inventory of museum collections, public and private cultural heritage outside the museum: The inventory is data recorded for public or private cultural properties which are very necessary into science, history arts or religions, although they are not required to classify a hurry.  Assistance to the management and conservation of cultural heritage.  Supporting research and education programs.  Confirmation of ownership of cultural property in case of losses.  Confirm the reality of the case of fraud. ……………………………… � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 2017 Session 7: Underwater Cultural Heritage Politics, Laws, Ethics and Values Description An account of the resource All cultural materials are potentially cultural resources. However, because not all of them can be preserved or studied, choices must be made based on evaluation and re-evaluation. Values are learned and depend on cultural, intellectual, historical, and psychological frames of reference. Consequently, valuation is made individually, but is shared by communities. Valuation of underwater cultural heritage has, then, a broad range of determining value depending on the community to which it belongs. A clear example of this is the protection of human remains. The 2001 UNESCO Convention includes, in its definition of underwater cultural heritage, human remains which have been underwater for more than 100 years. However, the Christian philosophy on the treatment of human remains is different to that of Asian philosophy that teaches that human remains will never become underwater cultural heritage since, if they are seen by someone in an underwater site, it is imperative to rescue the human remains and bury them on land according to their beliefs. This session aims to create a forum for policymakers, managers, and archaeologists devoted to underwater cultural heritage where they can share their experiences of and research on the valuation of underwater cultural heritage. We aim to accept papers that help us to understand the definition of ‘underwater cultural heritage’ in the Asia-Pacific regions, comparing those definitions with the definition of the 2001 UNESCO Convention and trying to find a common interpretation. We will also be looking to examine the meaning of the underwater cultural heritage sites and objects for different communities. Finally, we will be expecting papers exploring the different possibilities of the use and/or conservation of this underwater cultural heritage according to the values and needs of the different communities. Creator An entity primarily responsible for making the resource Elena Perez-Alvaro Licit Cultural Heritage Ltd., UK Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Risk and Protective Measures of Cultural Property in Cambodia Description An account of the resource The risk to cultural property takes several forms such as risk from illegal activities, risk from neglect, and primarily the risk that cultural heritage is not well understood, but the key element of this presentation is protection. Creator An entity primarily responsible for making the resource Kamsan Heng Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource March 24, 2017 Rights Information about rights held in and over the resource Kamsan Heng Language A language of the resource English 2017 Session 7 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Trading World of the Tamil Merchant: Evolution of Merchant Capitalism in the Coromandel Creator An entity primarily responsible for making the resource Kanakalatha Mukund Publisher An entity responsible for making the resource available Orient Longman Date A point or period of time associated with an event in the lifecycle of the resource 1999 Type The nature or genre of the resource Book Zotero Author Kanakalatha Mukund Item Type Book Date A point or period of time associated with an event in the lifecycle of the resource 1999 Place Hyderabad Publisher An entity responsible for making the resource available Orient Longman Title A name given to the resource The Trading World of the Tamil Merchant: Evolution of Merchant Capitalism in the Coromandel India https://apconf-much.org/proceedings/files/original/b7c8c219a602ac2c781c95dff2f2069a.pdf cfde28b30785e5d92c7d742ed96c3b44 PDF Text Text A Study on the Restoration of Hull Shapes in the Early Goryeo Dynasty: Focusing on the Case of Sibidongpado Shipwreck Kang Won-Chun (Curator, National Research Institute of Maritime Cultural Heritage) ABSTRACT The Goryeo Dynasty (918–1392 CE) was a period when marine activities were very active centering on Byeokrando. The Sibidongpado and Wando shipwrecks are important data that can show marine activities in the early Goryeo Dynasty. It is characteristic that most of the accompanying artifacts are celadon produced in the Haenam region, and that curved longitudinal member was confirmed in the hull structure. To investigate the shape variables necessary to identify hull shape of the Sibidongpado shipwreck the shape and structure were reviewed from a shipbuilding engineering point of view. First, through 3D scanning of the remaining hull such as the bottom plate, curved longitudinal member, and outer plate, the main dimensions were calculated, and 19 shape variables necessary for hull restoration were extracted. Next, the data of each part of the ancient shipwrecks of similar period was made into statistics, and the geometric dimension ratio was applied, or each pre-calculated shape variable was defined based on the modeling data. Based on the defined shape variables, the hull shape was restored, and the corresponding displacement and restorability were derived, and the ship restoration was attempted from the point of view of shipbuilding engineering. Finally, based on the data of the excavated ancient shipwreck, the structure of each part of the ship was reproduced in 3D shape. It is not easy to restore the original form of an ancient ship based on the limited remaining hull fragments and historical sources. As ancient shipwrecks are an essential element in identifying marine activities of the time, future research is expected. Keywords: Goryeo Dynasty, ancient ship, Sibidongpado shipwreck, restoration of hull shape List of Tables and Figures [Table 1] Main shape parameters of Sibidongpado shipwreck [Figure 1] Result of restoration of hull shape of Sibidongpado shipwreck [Figure 2] Shape diagram of Sibidongpado shipwreck [Figure 3] Hydrostatics Curve of Sibidongpado shipwreck INTRODUCTION In Korea, from the underwater excavation of Sinan shipwreck artifacts in 1976, and to the most recent Daebudo no. 2 shipwreck, a total of 16 ancient shipwrecks have been identified in Korean waters. Ten of these ancient ships are Goryeo Dynasty shipwrecks, along with celadon, grains and salted fish, and coal spoons. Sibidongpado and Wando shipwrecks are important data that can show marine activities in the early Goryeo Dynasty (918–1392 CE). It is characteristic that most of the accompanying artifacts are celadon produced in the Haenam region, and that curved longitudinal member was identified in the hull structure. It is not easy to presume the overall scale only with the limited remaining hull fragments, which are mainly concentrated on the bottom of the ship. The shape variables necessary to identify the hull shape of the Sibidongpado shipwreck were examined from a shipbuilding engineering point of view. The process of 3D scanning and calculating major dimensions of the remaining hull, such as the bottom plate, was reviewed, and 19 shape variables required for hull restoration were extracted and data of each part was made into statistics or each shape variable was defined based on geometric dimension ratio and modeling data. We attempted restoration of the hull shape according to shape variables, deduction of displacement and stability through hydraulic calculation, review of the hull shape from the point of view of shipbuilding engineering, and 3D shaping. CALCULATION OF MAJOR DIMENSIONS BY 3D SCANNING The remaining hull found in the excavation investigation of Sibidongpado shipwreck is a total of 11 including six bottom plates in three rows, two curved longitudinal members in portside and three bow 1 �materials, showing the flat bottom structure of a traditional Korean ship (National Maritime Artifacts Museum 2005, 50-66). For the bottom plates, the two central bottom plates were connected by a concave-convex tenon joint method, and the left and right bottom plates were connected by a shiplap method. It is highly likely that one member was added to the center bottom plate, and there must have been more materials connected butt-to-butt on the left and right bottom plate. As for curved longitudinal member, only two members of the first stage were recovered from the portside. We assume two stages of curved longitudinal member. The bow members are in three fragments, vertically butted together and fixed with a long line, and on the left and right sides, grooved jaws that meet the outer plate have saw tooth markings. For these 11 members, 3D scanning was conducted to estimate the shape of the lost parts of the shipwreck after securing the exact size, connecting methods, and data about the hull shape of the excavated hull pieces. Individual hull pieces are photographed at 24 to 26 locations with a broadband scanner and photogrammetry, and the acquired data are individually made into surface modelling through post-processing such as noise removal, matching, and mapping, and the merged modeling data was regenerated. After that, the image of the scan data was used to calculate the main dimensions and the basic shape of the ship by picking the inner and outer lines, patterns, cracks, and damaged parts. EXTRACTION AND DEFINITION OF SHAPE VARIALBES For the Sibidongpado shipwreck 3D scanning, variables were selected from a statistical point of view using data from ancient ships of a similar age. As the main variables constituting the shape of the shipwreck, the following 19 variables were selected, and among them, the length, bottom width, and bow length of the ship were fixed to the values of the excavated hull pieces from reports of Mado no. 1, Anjwado, and Wando shipwrecks. Subject Value Subject Value Subject Value Length (LOA) 14.5 m Height of a bow structure 2.84 m Angle of hog sheer 0.94° Table 1. Main shape parameters of Sibidongpado shipwreck Deadrise Bottom Bottom Beam Depth Bow angle angle length width 5.41 m 2.45 m 26° 11.2 m 1.81 m 21.67° Height Angle of a Length of Length of Angle of a tail Width of a of a tail bow a bow a tail structure bow structure structure structure structure structure 2.58 m 68° Displacement 45° 1.7 6m 2.48 m 1.18 m/1 m Stern angle 14.67° Width of a tail structure 138 m/1.07 m Waterline 1.25 m The shipwreck is estimated at 14 to 15 meters (m) (NRIMCH 2005). As for the width and the depth of the shipwreck, they were estimated at geometric dimension ratios at 2.45 m respectively. The deadrise angle is the dimension of the slope from the bottom plate to the side of the ship. Sibidongpado shipwreck has a large angle of deadrise as there are two curved longitudinal members. As the exact dimensions of the second stage of curved longitudinal member is not identified, the deadrise of the bottom plate and curved longitudinal member was identified. The bottom plate is identified as the straight-line distance from the part where the bow material and bottom plate are connected to the part where the stern is connected. It is difficult to identify the exact size of the Sibidongpado shipwreck, as the bow and stern parts are lost, although three rows of bottom plates were excavated. In particular, in the process of precise measurement and hull restoration, traces of mortise were confirmed at the stern end of two central bottom plate members, confirmation that the central bottom plate was composed of three members. 2 �The bottom length of the remaining hull is about 6.8 m from the bow end of center bottom plate of one member to the stern end of left bottom plate of two members. However, there is one more central bottom plate, estimated to be larger. Therefore, based on the length of a ship and the width of the bottom of the bow member, installation angle and height of the bow member and the stern member, the profile of the side of the bottom plate was restored, and the length of the bottom plate was estimated 11.2 m. The bow and stern angles are from the baseline to the part where the bottom plate touches the bottom of the bow or stern members. The value is not uniform because the bottom plate does not extend at an exact angle from the baseline to the bow and stern members but is bent round. To estimate the angles of bow and stern, the values of Mado no. 1, Anjwado and Wando shipwrecks, whose structures remain, were made into statistics and 21.67˚/14.67˚ were applied. The stem length is estimated at 1.65 m from 3D scanning results. Whereas the stern length is estimated at 2.5 m. For this latter length we calculated the stern angle, stern member angle, and stern height (see table 1). As the dimensions of the upper and lower surfaces of the bow and stern members are different, they were defined separately. The widths of the top and bottom of the bow members are 1.18 m and 1 m, and the widths of the top and bottom of the stern members are 1.38 m and 1.07 m, respectively. The angles of bow and stern were defined as the angle between the bow and stern members and the baseline. It was estimated based on the V-shaped processing traces on the bottom of two remaining members of the stem and the value of Mado no. 1, and the angle of the bow material is 68˚. In order to estimate the angle of stern member, the data of Mado no. 1, Anjwa, and Dalido shipwrecks were statistically applied and resulted in the value 45˚. As the heights of bow and stern members were estimated through the height ratio of the core and bow and stern members of Mado no.1 and Dalido shipwrecks, and the heights of the Sibidongpado shipwreck are 2.83 m and 2.34 m, respectively. The hog sheer angle is the ratio between the curve formed by the upper deck and the distance from the bow to the stern, or LOA, when the hull is viewed from the side. Among the ancient shipwrecks excavated underwater, the ship whose hog sheer angle can be measured is the Mado no. 1, which is about 0.95 m. The Sibidongpado shipwreck is estimated with similar dimensions. Draft is a dimension representing the vertical distance from the position where the ship's midship touches the water surface to the bottommost part of the ship when the ship is afloat. The draft was determined from the bottom plate to the modeled side profile at 1.25 m. It means the weight of the ship, which indicates the weight of the water displaced when the ship is afloat. When the weight of the ship and the load are unclear, the displacement can be estimated according to the draft. We use the draft. 3 �REALIZATION AND REVIEW OF SHAPE OF SIBIDONGPADO SHIPWRECK Based on the major dimensions above we produced a 3D model using CATIA V5. Figure 1. Result of restoration of hull shape of Sibidongpado shipwreck Figure 2. Shape diagram of Sibidongpado shipwreck Hydrostatics calculations was performed to estimate displacement according to draft. This calculation estimates various linear coefficients and hull characteristics. The hydrostatics curve from the baseline to the range including the draft of 1.25 m are provided in figure 3. 4 �Figure 3. Hydrostatics curve of Sibidongpado shipwreck CONCLUSIONS Sibidongpado shipwreck is an example of marine activities in the early Goryeo Dynasty (918–1392 CE). Most of the accompanying artifacts are celadons produced in the Haenam region, and that curved longitudinal member was identified in the hull structure. Nineteen shape variables necessary to identify the hull shape and structure were examined. Three-dimensional scanning was performed on the excavated hull, including a bottom plate. Statistical data of each part of ancient ships belonging to the similar period of the Sibidongpado shipwreck, or 19 shape variables necessary for restoration of the shape of a ship, were extracted and defined based on geometric dimension ratio and modeling data. Based on the defined shape variables, the Sibidongpado shipwreck hull shape was estimated. As a result, the bottom plate of the structure of each part of Sibidongpado shipwreck shows a flat bottom structure like other traditional Korean ships, and the bow and stern show a gently curved line. The bottom plate is composed of three pieces in a row, and the center bottom plate is connected by a tenon joint, and the left and right bottom plates are connected by a butt joint and a shiplap method. The ‘Lshaped’ curved longitudinal member is raised in two stages with a chin cut out on the outer upper surface 5 �of the bottom plate, and a hole connected to the bottom plate is made in the part where it rests on the chin, and it is joined with a pisak. Each stage of curved longitudinal member consists of three pieces and is connected by a shiplap method. The bow is structured with three members vertically, and on the left and right are sawtooth-shaped grooves. The shape of the lower part connected to the bottom plate was processed into a ‘V’ shape, and a concave jaw was cut out on the upper surface of the bottom plate, and the bow member was erected at an angle of 68˚. Excluding the curved longitudinal member, all the outer plates are raised in five layers, and each layer is composed of three to four members. lateral outer plates curve gently up toward the bow and stern. From a plan view the central part was about three times wider than the bow and stern. The stern structure was formed by removing concave chins on the inside of the outer plate and the upper surface of the end of the bottom plate, with plates horizontally raised. As the garyong was identified in the curved longitudinal member that came out, the interior of the ship was divided into four sections by referring to the garyong spacing. Wando and Dalido shipwrecks shown in port side curved longitudinal member 1-1 and 1-2. Chagaryong was installed on the first and third layers of the outer plate, and the curved longitudinal materials and the rest of the outer plate were reinforced with a garyong and a yoke. As the upper structure has been lost, it is not clear to what extent the deck was installed, but it is assumed that it was installed in the space for sailors' activities that are essential for navigation, and basically protects cargo inside the ship. Therefore, the deck was installed in the stern space where the boatman manipulates the key, and in the central part of the hull and the bow space where the sail and anchor can be raised and lowered. An anchor is essential in the process of anchoring and departing a ship, and a lantern that raises and lowers it too. A cylindrical member thought to be a lantern tube, and a pedestal supporting it, were excavated. The pedestal was connected to the structural wood connecting the square groove on the inner side of the bow member and the garyong. As for the sail, a wood groove on the center bottom plate 2 and a mast structure from Mado no. 3 were applied. A Dang-a horn was installed on the chagaryong on the third layer of the outer plate, this holds the mast in the wood groove. The mast was likely located in front of the garyong in the wood groove of the curved longitudinal member. Through the Okchi structure that goes inside the hull, based on the angle of the stern and the structural stability of a key, the structure and shape of the ship in the early Goryeo Dynasty were identified. Bibliography Cultural Heritage Administration of the Ministry of Culture and Public Information, Underwater Artifacts of Wando, Mokpo: Sanwa Printing Co., 1985 (In Korean). National Maritime Museum, Dalido Shipwreck, Mokpo, Series of Research Report of NRIMCH 3, Mokpo: National Maritime Museum, 1999 (In Korean). NRIMCH, Taean Mado Shipwreck No. 1 Underwater Excavation, Series of Research Report of NRIMCH 20, Mokpo: NRIMCH, 2010 (In Korean). NRIMCH, Taean Mado Shipwreck No. 2 Underwater Excavation, Series of Research Report of NRIMCH 22, Mokpo: NRIMCH, 2011 (In Korean). NRIMCH. Report on Conservation and Restoration of Dalido Shipwreck, Shipbuilding Technique of Traditional Vessel I. Mokpo: NRIMCH, 2012 (In Korean). NRIMCH. Report on Restoration of Jo-un ship (Mado No. 1 shipwreck), Shipbuilding Technique of Traditional Vessel V. Mokpo: NRIMCH, 2015 (In Korean). National Maritime Museum, The Underwater Excavation of the Sea off Sibidongpado, Gunsan, Series of Research Report of NRIMCH 8, Mokpo: NRIMCH, 2005 (In Korean). National Maritime Museum, The Excavation of Anjwaship, Sinan, Series of Research Report of NRIMCH 9, Mokpo: NRIMCH, 2006 (In Korean). 6 � Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource A Study on the Restoration of Hull Shapes in the Early Goryeo Dynasty: Focusing on the Case of Sibidongpado Shipwreck Description An account of the resource The Goryeo Dynasty (918–1392 CE) was a period when marine activities were very active centering on Byeokrando. The Sibidongpado and Wando shipwrecks are important data that can show marine activities in the early Goryeo Dynasty. It is characteristic that most of the accompanying artifacts are celadon produced in the Haenam region, and that curved longitudinal member was confirmed in the hull structure. To investigate the shape variables necessary to identify hull shape of the Sibidongpado shipwreck the shape and structure were reviewed from a shipbuilding engineering point of view. First, through 3D scanning of the remaining hull such as the bottom plate, curved longitudinal member, and outer plate, the main dimensions were calculated, and 19 shape variables necessary for hull restoration were extracted. Next, the data of each part of the ancient shipwrecks of similar period was made into statistics, and the geometric dimension ratio was applied, or each pre-calculated shape variable was defined based on the modeling data. Based on the defined shape variables, the hull shape was restored, and the corresponding displacement and restorability were derived, and the ship restoration was attempted from the point of view of shipbuilding engineering. Finally, based on the data of the excavated ancient shipwreck, the structure of each part of the ship was reproduced in 3D shape. It is not easy to restore the original form of an ancient ship based on the limited remaining hull fragments and historical sources. As ancient shipwrecks are an essential element in identifying marine activities of the time, future research is expected. Creator An entity primarily responsible for making the resource Kang Won-Chun Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Won-Chun, Kang . 2023. “A Study on the Restoration of Hull Shapes in the Early Goryeo Dynasty: Focusing on the Case of Sibidongpado Shipwreck.” Edited by Jennifer Craig, Jay Mok, T. Kury Knoerl, and Juhee Kim. In Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/1957 Asia-Pac Session 10 2023 https://apconf-much.org/proceedings/files/original/108d8a9dea3b67e4cc1eb48328ee8a66.pdf 6f546c4bea76c12b9cce7fcf6a7890ef PDF Text Text The Ethics of Archaeology Documentaries Karen Martin-Stone Abstract Archaeology documentaries are an essential tool in the communication of archaeology to the public. It is in the interests of the discipline to ensure that archaeological research is portrayed accurately and ethically. Various professional archaeology organisations have developed voluntary codes of ethics for their members, yet documentary filmmakers are not bound by an established code of professional ethics. This study investigates whether archaeological codes of ethics can apply to filmmakers of archaeology documentaries, with a specific focus on films with underwater cultural heritage (UCH) subjects. This study also seeks to explore specific ethical considerations. It looks at the range of key stakeholders in archaeology documentaries, including participating archaeologists, the cultural stakeholders of the heritage site (eg. survivors of wreck events, descendants of individuals involved, and affiliated contemporary cultural groups), organisations with heritage management responsibilities, members of the public and interest groups. The concept of “truth” and its representation in film is discussed, as is the impact of filming on the conservation of UCH sites. Introduction Archaeology documentaries are an essential tool in the communication of archaeology to the public. It is in the interests of the discipline to ensure that archaeological research is portrayed accurately and ethically. Documentaries aim to communicate a message in an engaging way to a broad audience. The purpose of this paper is to investigate the nature of ethical collaboration between archaeologists and documentary filmmakers. This study looks at the three fundamental ethical considerations in archaeology documentaries – participants, truth and conservation. It also considers existing archaeological examples of ethical codes, their treatment of the fundamental ethical considerations, and their applicability and enforcement within the documentary sphere. Ethics The ancient Greeks were the first to conceptualise ethics. They had a philosophy that deconstructed applied thought into the three disciplines of aesthetics, epistemology and ethics (Patterson and Wilkins 2008:4). These disciplines sought to understand beauty, knowledge and ‘good’ behaviour. Over time, ethics has come to mean the rational decision-making process when faced with a moral dilemma. Centre and Jackson (2003) have created a simple working definition of ethics as, “standards set by a profession, an organization (sic), or oneself, based on conscience – what is right or fair to others as well as to oneself?” (Centre and Jackson 2003:362). As such, ethics are a cultural construct intended to influence individual behaviour for the greater good. At its most broad, this definition can be understood to include state and national legislation and international legal instruments, such as the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) 2001 Convention on the Protection of the Underwater Cultural Heritage (2001 Convention). This paper will review three different kinds of ethical codes that apply to underwater archaeology, and discuss them in the context of archaeology documentaries. There is a bias in the examples selected, towards the �Australian experience; however the concepts can be applied to the international experience. Ethics in underwater archaeology Ethical codes in underwater archaeology apply at the level of industry-adopted code, state and territory legislation, national legislation and international legal instruments. Adoption of these codes varies between countries. This study examines three examples to illustrate how ethical principles are upheld. AIMA Code of Ethics The Australasian Institute for Maritime Archaeology (AIMA) Code of Ethics proscribes an archaeologist’s responsibility to the public, to his / her colleagues and to his / her employers and clients. The Code establishes the general aims of encouraging members to: - Represent archaeology in a responsible manner; - Support conservation of the archaeological resource; - Respect the concerns of cultural stakeholders; - Support and promote the discipline of maritime archaeology; and - Maintain professional standards. (after AIMA, undated). The AIMA Code of Ethics is binding on members under the organisation’s constitution [Section 5(15)], and breaches of the Code can result in expulsion from the organisation under Section 32(1) (AIMA 2004:11). Historic Shipwrecks Act (1976) In Australia, the Commonwealth Historic Shipwrecks Act (1976) (the Act) was developed at a time when pressures from treasure hunting required robust measures to prevent the destruction and looting of significant wrecks in Australian waters (Hosty and Stuart 1994:12). The Act provides for: - Blanket protection of shipwrecks and relics over 75 years old in Australian waters; - Protection of shipwrecks and relics less than 75 years old, by Ministerial declaration; - The maintenance of a Register of Historic Shipwrecks; - Prohibition of interference with shipwrecks and relics; - Regulation of permits for the exploration and recovery of wrecks and relics; - Notification of the discovery of wrecks and relics; - Administration of parts of the Act by State and Territory authorities; and - Inspection and seizure measures where an offence may have been committed under the Act. (Commonwealth Consolidated Acts 1976) The Act applies to activity in Commonwealth waters, and is supported by complementary State and Territory legislation that applies in State and Territory waters. The Criminal Code applies to the Act, and offences attract a penalty of up to $AUD10,000 for individuals, or $AUD50,000 for companies. 2001 Convention The 2001 Convention was established at the 2001 UNESCO General Conference. The 2001 Convention has been ratified by thirty-six countries, termed ‘state parties’ �in the Convention, and accepted by four further state parties. The 2001 Convention provides for the following general principles: - In situ preservation of UCH should be considered as the first option; - Commercial exploitation of UCH is fundamentally incompatible with its protection; - Activities directed at UCH shall be as non-destructive as possible, and conducted to the highest possible professional standard; - Public awareness of, and access to, UCH should be promoted, except where incompatible with its protection; and - International co-operation in UCH research and management is encouraged (after UNESCO 2001). The 2001 Convention applies to UCH greater than one hundred years old, in seas beyond the limits of national jurisdiction. It is binding only on state party signatories. These signatories are responsible for the seizure and protection of underwater cultural heritage illegally obtained, and for imposing and enforcing sanctions for offences committed under the 2001 Convention. Ethics in documentary practice Professional organisations The documentary filmmaking profession is yet to develop a professional code of ethics for the broad field of documentaries. However, a code of ethics has been developed by the organisation, Filmmakers for Conservation, which focuses on the ethical treatment of animals and the natural environment during the process of filming nature documentaries (Filmmakers for Conservation 2008:1). This paper does not intend to imply that individual documentary filmmakers do not conduct their practice ethically, nor that the profession is averse to the development of a code of ethics. Documentary ethics have been discussed at length in academic and mainstream media (for example, Aufderheide, et al. 2009; Butchart 2006; Donovan 2008; Maccarone 2010; Nash 2009; Nichols 2001; Rosenthal and& Corner 2005; Schilt 2000; Winston 2000). Despite this, “documentary ethics remains a field characterised by a focus on crises and the application of multiple ethical theories and concepts” (Nash 2011:1). Commonwealth legislation Australia does not have specific legislation for media practice, only media ownership. It has neither Constitutional protection nor a Bill of Rights protecting freedom of expression. Some freedom of expression is regulated by States and Territories through racial vilification and defamation legislation, and it is possible that censorship laws, “may also be used to prevent freedom of speech by restricting distribution of certain films and publications, although these laws now serve mainly to classify publications according to the age groups which can see them, rather than preventing their publication” (Jordan 2002:3). In practice, the High Court is seen to protect freedom of expression rights through its interpretation of the Constitution and common law (Williams 2000:35). International legal instruments Unlike UCH, media expression has not received the focus of a specific international legal instrument. However, the concept of freedom of expression has been enshrined in an international legal instrument. The Universal Declaration of Human �Rights (UDHR) was adopted by the United Nations General Assembly in 1948. Article 19 of the UDHR specifies that: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers (UN General Assembly 2011:5). The UDHR has held the force of international law since 1976, as part of the International Bill of Human Rights. Ethical considerations in archaeology documentaries Documentary filmmakers are not journalists. Clarifying the position of documentary filmmakers within the broad category of ‘mass media’ will assist archaeologists to make informed decisions about the mass communication of their work. Many governments include film and television in a group of professions termed “creative industries” (Flew 2005:118). Documentary theorists accept that representing reality involves creating a fiction, in the sense that it necessarily involves artifice, contrivance, selectivity and subjectivity (Eitzen 1995:82). At their core, documentaries are non-fiction films that tell a story. Like all story-telling, documentary films often have a point of view. Film theorist, Erik Barnouw (1993), categorises the various forms of documentary according to their point of view: explorer, reporter, painter, advocate, bugler, prosecutor, poet, chronicler, promoter, observer, catalyst and guerrilla (after Barnouw 1993:v). These categories demonstrate the storied nature of documentary, and the fundamental difference between journalism and documentary: that documentary does not claim to be objective. “[T]he documentarian’s concern is to win an audience’s assent, not provide an ‘information transfer’ device or simply entertain” (Nichols 2006:1). The necessary selectivity of the documentary editing process, in order to tell a story, inevitably draws questions over the ethics of selectively portraying reality. These questions usually reflect concern about the documentary representation of participants (responsibility to subjects) or truth (responsibility to audience) (Nichols 2006:1-2). Archaeology documentaries also have an implied responsibility to manage risk to the featured cultural heritage. Participants The need for archaeologists to address ethical issues around people has been well documented (see, for example, World Archaeological Congress, 1990; Zimmerman, et al. 2003). Ethical issues are mostly consistent across terrestrial and underwater archaeology, and include addressing an archaeologist’s responsibility to descendant and Indigenous communities, the discipline of archaeology, organisational stakeholders and diverse publics. The archaeologist takes responsibility for external people – the amorphous ‘them.’ Film theorist, Bill Nichols, asks, “What Do We Do with People When We Make a Documentary?” (Nichols 2001:5). This is the ethical question central to documentary filmmaking. “Filmmakers who set out to represent people whom they do not initially know but who typify or have special knowledge of a problem or issue of interest run the risk of exploiting them” (Nichols 2001:9). Nichols (2001:5) contends that a human subject’s value to the filmmaker lies in, “the ways in which their everyday behaviour and personality serves the needs of the filmmaker”. As �such, a power imbalance is inherent in the filmmaker-participant relationship. In the documentary context, archaeologists now face an internal, powerless ethical situation – they become part of the amorphous ‘them.’ The ‘us and them’ power imbalance between filmmaker and archaeologists is central to the discussion of ethics in archaeology documentaries. Brian Fagan and Mark Rose (2003:164) note that, “on all too many occasions, we [archaeologists] have almost no control over the content, even over what is being said”. They advocate that archaeologists carefully balance the ethical dilemma of promoting the findings of science within the demands of a television marketplace. Brian Winston (2000:162) proposes that the filmmaker’s power over the participant should be renounced by taking the stance of an advocate or enabler, though he admits this is ‘unlikely’ when the ‘powerless’ participants are exploited by the media industry. Each participant or stakeholder in a documentary will have an expectation that their concerns will be handled sensitively and accurately by the filmmaker. So how do established codes of ethics protect the participants in archaeology documentaries? First, we must acknowledge who the participants are. The key stakeholders in underwater archaeology documentaries include: - participating archaeologists; - owners of the site; - cultural stakeholders of the heritage site (eg. survivors of wreck events, descendants of individuals involved, affiliated contemporary cultural groups, and organisations with heritage management responsibilities); - members of the public and / or the audience; and - other interest groups, including salvors. The codes of ethics profiled in this paper address some, but not all, stakeholder groups. The AIMA Code of Ethics requires members to respect the concerns of cultural stakeholders, and addresses the concerns of archaeologists through its requirements for professional standards of conduct, promotion of the discipline and responsible representation of archaeology. Members of the public / the audience are addressed through the 2001 Convention’s requirement that public awareness be promoted. The 2001 Convention also encourages co-operative research and site management, which benefits archaeologists and cultural stakeholders. Owners of the site and other interest groups are not explicitly acknowledged, however they may have other avenues of recourse to address any concerns. It is pertinent to note that the AIMA Code of Ethics is not binding on a documentary filmmaker (or any other non-member), and the 2001 Convention is only binding on state party signatories. Therefore, it is incumbent upon archaeologists participating in a documentary to seek information about the filmmaker’s ethical position and to communicate comprehensively about ethical issues. Truth The archaeologist’s version or representation of their research may not be consistent with the story or point of view the filmmaker wishes to represent. “[T]he narratives often applied to archaeology revolve around words like ancient, secret, mystery, lost, civilisation, empire, detective” (Henson 2005:2). Archaeologists with significant experience working with television documentaries have concluded, “All you can do is ensure that the science is compromised as little as possible, realizing that some loss of integrity, some overstatement, is inevitable” (Fagan & Rose 2003:165). �Truth in underwater archaeology is encouraged by the AIMA Code of Ethics’ requirement to represent archaeology responsibly and to respect the concerns and input of cultural stakeholders. The 2001 Convention’s emphasis on collaborative research and management of UCH also places value on the perspectives of cultural stakeholders. Again, it should be noted that neither of these codes necessarily apply to the documentary filmmaker. The right to freedom of expression upheld by the UDHR enshrines an individual’s right to represent their perspective, regardless of an audience’s perception of the truth value of that perspective. In Australia, there are no professional organisation codes of ethics, nor State, Territory or Commonwealth legislation that influence a documentary filmmaker with regards to representing ‘truth.’ However, “truth” is a subjective judgement, and there may be multiple truths and perspectives threading through a single story. A documentary filmmaker must edit reality to tell a story, and create his or her own version of truth. While relatively powerless in the filmmaker-participant dynamic, the risk of being blatantly misrepresented is probably low, particularly if an archaeologist has ensured their research is ethically sound. Perhaps most vulnerable are the local and descendant communities that archaeologists must reach out to when they use the media and that the media must treat fairly if they intend to profit by them. (Fagan & Rose 2003:174). Conservation The conservation of UCH is better protected than participants and truth through the process of filming a documentary. The AIMA Code of Ethics, the Historic Shipwrecks Act (1976) and the 2001 Convention all provide for the protection and conservation of UCH. While there are limits to the protection provided by the Act and the 2001 Convention, the Act is equally binding on the filmmaker as it is on the archaeologist. The 2001 Convention only protects cultural heritage greater than one hundred years old, and the Act shipwrecks greater than 75 years old (unless through Ministerial declaration). While age is a useful determinant for applying blanket protection, it has no regard for the significance of the cultural heritage being protected. Consequently, it does not protect more recent UCH that may be deemed to hold cultural or archaeological significance, such as wrecks associated with wars or natural disasters, until such time as these sites have been identified, assessed, nominated for protection and declared by the Minister to be a historic shipwreck under Section 5 of the Act. Conclusion This study has found that there are fewer codes of ethics that apply to filmmakers than apply to archaeologists. When these codes were assessed according to their effect within archaeology documentaries, it was found that while archaeologists may be bound by an enforceable code of ethics in their research, there was little protection guaranteeing that the archaeologists would be ethically represented by the filmmakers. This imbalance of power in the filmmaker-participant relationship requires archaeologists to take a proactive approach to addressing their concerns within the filmmaking process. �Regardless of the shortcomings of the various codes, it is clear that both professions embrace discussion of ethical considerations and the development of ethical approaches. This paper seeks to open an interdisciplinary dialogue to balance filmmakers’ requirements within ethical archaeological practice, to achieve a satisfactory outcome for all participants. With clear communication and wholehearted collaboration, it is expected that mutually beneficial productions can be developed in a highly ethical manner. Formatted: Font: 12 pt Acknowledgements The author would like to acknowledge the contribution of Ms. Helen Carter, Dr. Julia Erhart and Associate Professor Heather Burke to the development of the ideas in this paper. Any errors are the responsibility of the author. Formatted: Font: 12 pt �Bibliography AIMA (Australasian Institute for Maritime Archaeology, Inc.), n.d. AIMA Code of Ethics, Australasian Institute for Maritime Archaeology, Inc., viewed 25 August 2011, <http://www.aima.iinet.net.au/home/ethics.pdf> AIMA (Australasian Institute for Maritime Archaeology, Inc.), 2004 Constitution and Amendments, Australasian Institute for Maritime Archaeology, Inc. viewed 25 August 2011, <http://aima.iinet.net.au/frames/aimavtframe.html> Aufderheide, P., Jaszi, P., amd Chandra, M., 2009 Honest Truths: Documentary filmmakers on ethical challenges in their work, American University Center for Social Media viewed 25 August 2011, <http://www.centerforsocialmedia.org/sites/default/files/Honest_ Truths__Documentary_Filmmakers_on_Ethical_Challenges_in_Their_ Work.pdf> Barnouw, E., 1993 Documentary: a history of the non-fiction film. Oxford University Press. Butchart, G.C., 2006 “On ethics and documentary: a real and actual truth,” in Communication Theory, 16, pp.:427-452. 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Title A name given to the resource The Ethics of Archaeology Documentaries Subject The topic of the resource Session 5 UCH in the Making… online session Description An account of the resource Archaeology documentaries are an essential tool in the communication of archaeology to the public. It is in the interests of the discipline to ensure that archaeological research is portrayed accurately and ethically. Various professional archaeology organisations have developed voluntary codes of ethics for their members, yet documentary filmmakers are not bound by an established code of professional ethics. This study investigates whether archaeological codes of ethics can apply to filmmakers of archaeology documentaries, with a specific focus on films with underwater cultural heritage (UCH) subjects. This study also seeks to explore specific ethical considerations. It looks at the range of key stakeholders in archaeology documentaries, including participating archaeologists, the cultural stakeholders of the heritage site (eg. survivors of wreck events, descendants of individuals involved, and affiliated contemporary cultural groups), organisations with heritage management responsibilities, members of the public and interest groups. The concept of “truth” and its representation in film is discussed, as is the impact of filming on the conservation of UCH sites. Creator An entity primarily responsible for making the resource Karen Martin-Stone Date A point or period of time associated with an event in the lifecycle of the resource November 2011 Asia-Pac Session 5 https://apconf-much.org/proceedings/files/original/151c82231d03bb812aeb95289567df98.pdf f53b4f6f6671ca385c851881daf42a89 PDF Text Text Gandara, A Newly Discovered Ancient Port Site on the Southern Coast of Sri Lanka Mahinda Karunarathna1 Palitha Weerasinghe1 Kasun Weerasekara1 W.M. Chandrarathne1 Rukshan Priyandana 2 Lakmal Samarasinghe 2 Ruwan Jayantha1 1 2 Department of Archaeology, Colombo 7, Sri Lanka. Central Cultural Fund, Colombo, Sri Lanka. Corresponding author Email: mahindaarchaeology@gmail.com ABSTRACT This paper deals with Gandara Sea Port, located on the southern coast of Sri Lanka. In March and April 2022, an underwater archaeological impact assessment (UAIA) was undertaken by the Underwater Archaeology Unit (UAU) of the Department of Archaeology and the Maritime Archaeology Unit (MAU) of the Central Cultural Fund as the Ministry of Fisheries of Sri Lanka proposed to begin the Gandara Fisheries Harbor Development Project (GFHDP) for developing this natural port site at Gandara. The antiquity laws in the country require such AIAs. During the UAIA, the survey team prepared a virtual grid (50m x 50m) for the port area by using Arc GIS and Google Earth and established buoys at the main points on the grid for identifying the survey area. All grids in the port site have been surveyed using line, secular, and underwater searching methods. Six circular and square stone anchors that contain inner circular or square holes and one cannon were uncovered through the surveys in the inner and outer areas of the port. Similar stone anchors have been found at ancient Godavaya and Galle ports on the southern coast of Sri Lanka and in the Andhra, Odisha, and West Bengal areas of the Indian subcontinent. These stone anchors and metal artifacts discovered from the port site indicate Gandara as an ancient seaport that had connections with the external world during the historical period of Sri Lanka. Keywords: Sri Lanka, Gandara, Stone anchors, International trade LIST OF ABBRIVIATIONS UAIA Underwater Archaeology Impact Assessment UAU Underwater Archaeology Unit CCF Central Cultural Fund MAU Maritime Archaeology Unit GFHDP Gandara Fisheries Harbor Development Project GND Grama Niladhari Division (Smallest Rural Administration Divisions in Sri Lanka) LIST OF FIGURES AND TABLE Figure 1: Location of the Gandara Fisheries Harbor in a natural bay at the most southern tip of Sri Lanka Figure 2: Proposed Gandara port, Surveyed Area and artifacts found from Gandara port (based on the map of Ministry of Fisheries of Sri Lanka) Figure 3: Pictures and plans of the Artifacts found from Gandara Port Table 1: Description of the Artifacts found from the Gandara Harbour 1. INTRODUCTION Gandara is a small, local fisheries harbor located in Gandara Eastern, Gandra Southern and Gandara Central Grama Niladari divisions (GND), Devinuwara Divisional Secretariat, Matara District, and Southern Province of the Island of Sri Lanka (Figure 1). 1 �Figure 1: Location of the Gandara Fisheries Harbor in a natural bay at the southernmost tip of Sri Lanka (based on Google earth and Arc GIS) 2. OBJECTIVES OF THE RESEARCH This paper deals with Gandara Sea Port, located on the southern coast of Sri Lanka. In March and April 2022, an Underwater Archaeological Impact Assessment (UAIA) was undertaken by the Underwater Archaeology Unit (UAU) of the Department of Archaeology and the Maritime Archaeology Unit (MAU) of the Central Cultural Fund. This was undertaken as the Ministry of Fisheries of Sri Lanka proposed to begin the Gandara Fisheries Harbor Development Project (GFHDP) for developing this natural port site at Gandara. The antiquity laws in the country require such UAIAs. According to the Antiquities (Amendment) Act. No 24 of 1998 (Annex 02), the authorized body concerned with archaeological evidence on the land and under the terrestrial sea of the country is the Department of Archaeology. Since there is a vast array of archaeological data scattered all over the country, whenever any development, industrial scheme, or project is proposed by the government, or any other institution or person, such scheme or project shall not be approved or permitted until a report is submitted by the Director General of Archaeology in Sri Lanka as to the effects the implementation of such scheme or project may have upon such land or any antiquities within it. Finally, every development project on the island should be subjected to an Archaeological Impact Assessment (AIA) or Underwater Archaeological Impact Assessment (UAIA). The project proponent must allocate a sum not exceeding one per cent of the total cost of the project to the AIA. These regulations are proclaimed in terms of provisions in the Antiquities (Amendment) Act, No. 24 of 1998 (Annex 02) and the Antiquity Ordinance 2000 (Annex 03). The basic aim of this UAIA is to get a preliminary idea of the underwater archaeological potential of the proposed area of GFHDP as quickly and efficiently as possible. The survey of the area was conducted using diver search methods and remote sensing methods to identify endangered underwater archaeological sites 2 �within the development area of GFHDP. This survey is aimed at submitting some conditions and alterations to the Director General of the Department of Archaeology to recommend, object to, or to recommend subjecting such conditions and alterations to the proposed GFHDP. 3. METHODOLOGY 3.1 Literacy survey Almost all accessible relevant literature was referred to before to the field work in the proposed area to obtain an idea of the history of the Gandara port and surrounding area. Previews of research and public works that were done within and in the suburbs of the current survey area in different aspects were studied. Our team referred to ancient maps, paintings, and photographs of the Gandara port. And also, topographical maps and nautical charts also were studied. Local fisherman, villagers, and scholars of the area were interviewed to obtain information on submerged shipwrecks and other archaeological remains in the area. Weather reports for the particular area were obtained from the Department of Meteorology to select the proper time period for the survey. 3.2 Survey design The area of GFHDP to be developed was divided into sub-squares of 50m x 50m by laying out a virtual grid using Google Earth and ArcView software (Figure 1). It was made to gently handle the field survey and the observed data in the field. Possible sub-squares were observed by using diver search methods. 3.3 Divers search methods The towed diver search method and the circular search method have been used as diver search methods for surveying the seabed in GFHDP. In the towed diver search method, the diver holds a five-meter-long, heavy GI pipe that has a direct connection with the boat through a rope. The speed of the moving boat was kept below five km/h to enhance the effectiveness of the towed diver search. Divers used rope signals to control the speed and even stop the forward movement to observe the potential remains in the seabed. The circular search method was occasionally used to determine the extension of a site and understand its context. The findings were recorded by drawings, videos, and photographs, and the GPS locations of the underwater archaeological remains that were found while carrying out the above diver search methods. 4. FIELD RESULTS Over 4.8 ha. of the sea basin of Gandara port have been observed by using diver search methods. Approximately 150 square grids were surveyed by the team. We unearthed a total of six stone anchors and one cannon during the survey in the inner and outer areas of the Gandra port (Figure 2 and 4, Table 1). 3 �Figure 2: Proposed Gandara port, Surveyed Area and artifacts found from Gandara port (based on the map of Ministry of Fisheries of Sri Lanka) 4 �[site ID] Stone anchor Table 1: Description of the Artifacts found from the Gandara port Artifact Name Shape Circumference/ Diameter Diameter of length (CM) Inner Hole (M) (CM) Thickness (CM) 001 002 Rings stone Anchor Single Hole Stone Anchor Circular Circular/ Pentagon 2.2 2.06 60 50 18 13x13 12 17 003 004 Single Hole Stone Anchor Rings stone Anchor 1.68 2.5 73 48.20 12x12 20 13 20 005 006 Rings stone Anchor Single Hole Stone Anchor Circular Circular/ Hemisphere Circular Square 2.22 - 70 57 x 63 16 16x16 19 20 007 Cannon Normal 1 15,42, 62,85,90 - - 5 �Stone Anchor 1 Stone Anchor 4 Stone Anchor 2 Stone Anchor 3 Stone Anchor 5 Stone Anchor 6 Figure 3: Pictures and plans of the Artifacts found from the Gandara Port 6 �4.1 Rings stone and single-hole stone anchors found at the Gandara port An anchor is a heavy object attached to a cable or chain and used to moor a ship or boat to the sea bottom. They are considered symbols of the maritime world (Bowens 2009, 198), and they are one of the main implements used in navigation (Gaur et al. 2002, 390). Stone anchors are classified according to character, shape, and region. In general, stone anchors have been classified as composite, Indo-Arabian, Rings stone, and single-hole stone anchors (Tripati 2014, 980). Six stone anchors were unearthed from the Gandara port at five to 12 m in depth (See Figure 2). Three of them are Rings stone anchors, and the other three are single-hole stone anchors. Circular-shaped anchors are known as Rings stone anchors or mushroom anchors (Tripati 2014, 973–986). The distinctive feature of the ring stone type of anchor is that they are circular in shape, have a flat base, taper upward to a certain height, and have a wide hole. In shape, they appear like mushrooms. Single-hole stone anchors are made of thick, flat blocks of different sizes. The hole is found either in the center or upper portion of the block. The size of the hole used to be smaller than that of the stone block (Tripati 2014, 980). One "rounded stone" (No. GHP 76) anchor has been found near the Black Fort area (Kamba Bandina Gala) in Galle Harbour, Sri Lanka, in 1996 (Souter 1998, 331). Another triangular-shaped single-hole anchor was found in the sea near the Godavaya fishing village in 2003 (Muthucumarana 2010; 2009, 24–25). One hole in a rectangular stone anchor was found by the MAU team around 2015, in front of the ancient jetty in Galle Harbour. During the underwater survey in Godavaya area, the team of MAU of CCF unearthed a similar ring stone anchor from Ibbagala area of Godavaya ancent port in 2017. Two similar single-hole stone anchors (with sirccircular square-shaped holes) were found in front of Ussangoda Sea, about two km from Ussangoda National Park, located near the ancient Godavaya Sea Port (about two km from the ancient Godavaya Port), during the underwater exploration in March 2023 that was conducted by the Underwater Archaeology Unit of the Department of Archaeology and MAU of CCF, Sri Lanka. Rings stone anchors and single-hole stone anchors have been unearthed from various seas and coastal areas of the Indian subcontinent. Ring stone anchors from the Gujarat and Goa coasts and single-hole anchors from both the east and west coasts of India have been discovered (Tripati 2014, 973–974). Rings stone anchors have been found from Bet Dwarka (1), Dwarka (24), Miyani (4), Visawada (1), Ghumli (1), and Somnath (35) in the Gujarat coastal area, and Sunchi Reef (1) in Goa (Tripati 2014, 986). Single-hole stone anchors were unearthed from Dwarka (1), Visawada (1), Harinarayanpur (1), Chilika Lake (1), Kottapatnam (1), Andhra Pradesh; Manapad (5), and Periapattinam (1) in Tamil Nadu, in the East and West of India (Gaur and et al. 2002, 390–404; Tripati 2014, 986). 35 Rings stone anchors have been found from Somnath in Gujarat, West India. According to their appearance, they are similar to the Rings stone anchor 4 found from Gandara port in Sri Lanka, and Rings stone anchors 1 and 5 are similar to the Rings stone anchor found from Sunchi reef in Goa, Maharashtra, West India. Five single-hole stone anchors were found off Manapad, Tamil Nadu coast. The appearance of single-hole stone anchors 2, 3, and 6 found from Gandara port is similar to theirs. According to Sila Tripathi, all these Manapad anchors serve as moorings for small fishing boats. These anchors are made of sandstone, and chisel marks were visible on some anchors (Tripati 2014, 978). But size is different; the Gandhara anchor is larger than theirs, and this Gandara anchor cannot be used for small fishing boats because it is very heavy. 7 �The stone anchors of Gandara were discovered without any archaeological context, and it is difficult to date them. According to the study of Rings stone found from Dwarka and Somnath, Gujarat, on the west coast of India, A.S. Gaur, Sundaresh, S. Tripathi, and S.N. Bandodkar of the National Institute of Ocenography have given a probable date for the Rings stone anchors as the eighth century to the seventeenth century CE (Gaur et al. 2002, 403). Rings stone anchor 4 found from Gandara is more similar to the Dwarka and Somnath anchors; rings stone anchor numbers 10, 13, and 14 found from Somnath waters (Gaur et al. 2002, 400) are more similar (shape and size) to the rings stone number 4 found from Gandara port. According to this reason, probably the Gandara Rigstone 4 anchor can also be dated to the above period. The Rings stone anchor (Artifact No. Qal 18/19) found from Qalhat, Oman (Vosmer et al. 1998, 34-52) is more similar (in shape and size) to the Rings stone anchor 4 discovered from Gandara port. The largest number of ring stones have been reported from Somnath and Dwarka in India, and a few from Oman and the Maldives. There have never been any records of ringtone anchors in Sri Lankan waters before. Carioli Souter recorded one stone anchor from near Blackford, Galle, Sri Lanka; he named that anchor rounded stone (No. GHP 76) (Souter, 1998). Gaur and his team identified it as a ringtone anchor with a square axial hole (Gaur et al. 2002, 402). But this anchor can be identified as a single-hole stone anchor with a square axial hole. Today, this single-hole stone anchor is displayed in the Maritime Archaeology Museum, Galle, Sri Lanka. 4.2 Cannon found at the Gandara port The cannon, 1m in length, found at the Gandara port (Figure 2), dates to the colonial period of Sri Lanka (1505–1945 CE). This small cannon has been highly corroded and is unable to be identified by its surface or inner characteristics; most probably, it belongs to the British period of Sri Lanka (1796–1948 CE). Like this common cannon, it is found in all coastal areas of Sri Lanka. 4.3 Folk lore According to the chronicles of Sri Lanka, King Dappula I (AD 659) established his kingdom in Devinuwara, which is located about four km from the Gandara port. Gandara was one of the main sea entrances for this kingdom. The following information was gathered by the first author of this paper through interviews with the local community: Traders from the Maldives came to Sri Lanka through the Gandara port until 1960; they used this port to anchor their small vessels. They sell one of the foods called Bonda haluwa or boda haluwa, umbalakada or Maldives fish, and diyahakuru (a reddish drink, some people say fish blood) for the local people of Gandara and around. These traders speak Malei bhasha (Maldivian), and most of the terms that they use can be understood by the local community. Local people were very friendly with the traders; some people played jokes with them; they asked, ‘tamange hodiyayata kalu ballan dakkanai’, Can I send blackish dogs for your hut? Because Maldivian traders were more afraid of the dogs. They also use broken Sinhala to communicate with the local community. Some traders came to the Puliyadiya Jumma Mosque at Gandara town for praying, and especially Islam Maldives teachers also came to this mosque. ‘One of the small Indian ships came to the Gandara harbor around 1940; this ship is very beautiful. It is very colorful, and light filled. I reached this ship with my father by a small boat; we rowed our boat around this beautiful ship; it was a very happy day’ (by Wijesiri Manage, Villager of Gandara). 8 �There is a Muslim village in the Gandara area with 60–70 families; the ancestors of this village came from Morocco through this Gandara port. 5. SUMMARY AND CONCLUSION According to the terrestrial and maritime archaeological exploration from Ambalangoda to the Hambanthota coastal line, Ambalangoda, Galle, Weligma, Matara, Devinuwra, and Godavaya ports confirmed their important role in the history of maritime activities in the southern coastal area of Sri Lanka. This maritime archaeological exploration in Gandara port brought to light for the first time the remains of ancient periods dating back to the eighth century CE to the seventeenth century CE. The first discovery of the stone anchors in the Gandara port signifies the importance of Gandara as an active sub-centre of maritime activities in the past. Rings stone anchor 4 is a remarcable artifact that illustrates the international trade network between Sri Lanka, Medetaraniyan, and the Indian subcontinent; reporting similar Rings stone anchors from the Indian subcontinent and Oman is a better example of it; 67 Rings stone anchors from India, six from Oman, and one from the Maldives have been discovered (Vosmer et al. 1998, 32- 37; Gaur et al. 2002, 402; Tripati 2014, 986). A small cannon from the port depicts the maritime relationship in the colonial period of Sri Lanka. According to the above information, Gandara was a remarkable small port site on the southern coast of Sri Lanka. Under the supervision of the Director General of the Department of Archaeology, Sri Lanka Six stone anchors and the cannon found from Gandra port have been lifted by air bag and kept in the MAU of the CCF in Galle for conservation. After the conservation activities, selected anchors will be displayed in a suitable museum. Further investigations on artifacts that were found at Gandara Port will provide valuable information for rebuilding the maritime history of the port site. BIBLIOGRAPHY Bowens, A. Underwtater Archaeology - The NAS Guid to Principles and Practice. Portsmouth: Nautical Archaeology Society, 2009. Gaur, A.S, Sundaresh, Tripati, S., and S.N Bandodkar. "Rings stone anchors from Gujarat West coast of India." The Mariner's Mirror, (2002): 390-404. Muthucumarana, R. archaeology.lk. 2010. www.archaeology.lk (accessed May 19, 2023). Muthucumarana, R. "Godawaya: An Ancient Port City and the recent discovery of the unknown wooden wreck." AIMA Newsletter, 03 (2009): 28-33. Souter, C. "Stone anchors near Black fort Galle, Sri Lanka." International Journal of Nautical Archaeology, (1998): 331-342. Tripati, S. "Stone anchors of India: findings, classifications and significance." Proceeding of the 2nd Aisa Pacific Regional Conference on Underwater Cultural Heritage. Hawai (2014): 973-986. Vosmer, T., Agius, D., Baker, P.E., Carpenter, J., and S. Cave, Oman Martime Heritage Project Field Report 1998. 1998. 9 � Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Gandara, A Newly Discovered Ancient Port Site on the Southern Coast of Sri Lanka Description An account of the resource This paper deals with Gandara Sea Port, located on the southern coast of Sri Lanka. In March and April 2022, an underwater archaeological impact assessment (UAIA) was undertaken by the Underwater Archaeology Unit (UAU) of the Department of Archaeology and the Maritime Archaeology Unit (MAU) of the Central Cultural Fund as the Ministry of Fisheries of Sri Lanka proposed to begin the Gandara Fisheries Harbor Development Project (GFHDP) for developing this natural port site at Gandara. The antiquity laws in the country require such AIAs. During the UAIA, the survey team prepared a virtual grid (50m x 50m) for the port area by using Arc GIS and Google Earth and established buoys at the main points on the grid for identifying the survey area. All grids in the port site have been surveyed using line, secular, and underwater searching methods. Six circular and square stone anchors that contain inner circular or square holes and one cannon were uncovered through the surveys in the inner and outer areas of the port. Similar stone anchors have been found at ancient Godavaya and Galle ports on the southern coast of Sri Lanka and in the Andhra, Odisha, and West Bengal areas of the Indian subcontinent. These stone anchors and metal artifacts discovered from the port site indicate Gandara as an ancient seaport that had connections with the external world during the historical period of Sri Lanka. Creator An entity primarily responsible for making the resource Mahinda Karunarathna Palitha Weerasinghe Kasun Weerasekara W.M. Chandrarathne Rukshan Priyandana Lakmal Samarasinghe Ruwan Jayantha Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Karunarathna, Mahinda. 2023. “Gandara, a newly discovered ancient port site on the Southern Coast of Sri Lanka.” Edited by Jennifer Craig, Jay Mok, T. Kurt Knoerl, and Wijerathne Bohingamuwa. In Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/1949 Asia-Pac Session 8 2023 https://apconf-much.org/proceedings/files/original/33bcd27c2b5c242fa5efe32e95590868.pdf 95b9a3087a1b1e9a4b977d638c64d72f PDF Text Text Dimensions of Interactions: Bay of Bengal in the Wider Asia-Pacific Region: Archaeological and Historical Records from the Earliest Period till 1500 CE Kaushik Gangopadhyay1 1 Department of Archaeology, University of Calcutta, India. Corresponding Author- k.gongo@gmail.com ABSTRACT The paper explores the role played by the Northern Bay of Bengal Region in the cultural transmission throughout the Indo-Pacific region. The investigation begins in the protohistoric period and subsequently discusses the early historic and the historical period. In this paper, the author raises issues of mortuary practices, which are similar between South Asia and South-East Asia. Artefacts discussed in this paper include glass and stone beads, portable enough to be carried across long distances and their final deposition as grave goods point to the inherent value attached to these portable artefacts. The third issue is the findspots of these artefacts, particularly beads from the shipwreck sites from the Philippines. It is remarkable how such sites can provide the much needed in-situ data on portable and its dated values. All this evidence compels us to look at a neglected region in the discussion, primarily the Northern Bay of Bengal region. Keywords: NBBR, Mortuary practices, Glass beads, Submerged sites LIST OF ABBRIVIATIONS NBBR Northern Bay of Bengal Region KSK Khao Sam Khaeo LIST OF FIGURES Figure 1: Map showing sites discussed in the text 1. INTRODUCTION The paper attempts to understand the scales of interaction within the Asia-Pacific region by focusing on the Northern Bay of Bengal Region (NBBR) and its archaeological heritage to be part of interacting network in this vast region. The Bay of Bengal Region played a significant role in the Indian Ocean trade network from the prehistoric to modern periods and is well documented in the archaeological and historical records (Gupta 2005). The archaeological record of this interaction is indicated by common mortuary practices over a wide region of the Asia-Pacific region and also distribution of specific types of small portable objects like ceramics and glass beads known as IndoPacific glass beads (Francis 2002). The term itself is indicative of connectivity between Indian ocean and the Pacific region. Gleaning the available data, one is left with the idea that the geographical ambit of this distribution is largely limited in the southern part of the Bay of Bengal as the data from the NBBR is not easily available. In this paper, the author attempts to include data from the NBBR to understand the connection within the Asia-Pacific region. This is more important because majority of the sites from where these data can be properly gathered is either eroded coastal sites or facing threat due to coastal erosion. 2. PREHISTORIC PERIOD This section deals with research findings from the prehistoric period in the wide Indo-Pacific region. The earliest data on interaction comes from the study of the distribution of jar burials across the 1 �pacific and the Bay of Bengal region (Gupta 2005, 22-30). Jar burials are found in various Chalcolithic and Iron age contexts of South Asia. This included the well-known Deccan chalcolithic burials from western India (Dhavalikar et al. 1998). Jar burials are also known from South India, which was common cultural practice associated with the megalithic burial tradition during the Iron Age. In Northeast India, stone jar burials have been recently investigated, which is like sites in Laos and Vietnam (Thakuria et al. 2016, 44-51). Jar burials are known from the Yayoi period in Japan and from mainland South-East Asian sites, particularly from Thailand and Vietnam. In this context, the infant jar burials from the Samon valley in Myanmar show remarkable similarities to the jar burials of the India particularly the jar burials from Deccan chalcolithic phase. The jar burials have been described as large spherical vases with widened-out necks, staked together and lying flat in pairs, three or four touching each other by their openings. The jars were 25- 80 cm in height and 40 cm to 50 in maximum diameter (Coupey 2013, 84-91). Similar jar burials are found in the northern Thailand, although in an earlier context between 1800 and 600 BCE. One of the major factors in the connectivity between the urban culture of South-East Asia, the ‘Pyu’ culture of Myanmar (second century BCE to ninth Century CE) and South Asia was Buddhist networks. As noted by Stargardt (2005, 407-34), the late Iron age burial tradition of the ‘Pyu’ civilization was characterized by burial stone jars and ceramic urns, similar to the burial urns of South India, particularly Andhra Pradesh and northern Tamil Nadu, which could have also influenced the Buddhist practices in both India and South-East Asia. Another region in East Asia where jar burials became very popular is Korea (Riotto 1995, 40-53). According to Riotto (Riotto 1995, 40-53) the burial tradition of the pre-Buddhist period in Korea may have been adopted by people who were accustomed with the tradition of jar burials elsewhere. Therefore, careful perusal of burial rites from South Asia to the far east could provide a nuanced position with relation to prehistoric connectivity in the prehistoric period involving sites in NBBR, particularly Myanmar. 2.1 Interactions through portable items The above discussions underscore the need for a more sustained investigations into the portable artefacts recovered from terrestrial and underwater archaeological sites and this section is largely devoted to an interpretation of the available data. There are portable artefacts such as pottery and beads recovered from sites nearer to maritime spaces and also from shipwrecks. In this section the author attempts to summarize the importance of portable artefacts such as glass beads circulating in the Bay of Bengal interaction sphere in the examining interactions in the Asia-Pacific region from the earliest times to the medieval. These glass beads are extensively documented from port sites like Arikamedu on the Coromandel coast; eroded coastal sites of Bengal, early urban sites of South and South-east Asia; shipwrecks from Philippines and also from Japan in the Yayoi period graves (Gupta 2005, 22-30). What is the connection between the burials and the small portable artefacts like beads? Gupta would argue that the demand for the second category of artefacts is indicative of socio-cultural practices as these small artefacts could have circulated largely as prestige good because the immediate contexts are graves (Gupta 2005, 22-30). To imagine that an artefact like bead travelled over a wide space to be deposited in funerary contexts also highlights the importance attached to death rituals in wider Asia-Pacific world. 2 �2.2 The circulation of glass and stone beads in the Asia-Pacific region: Chronological and cultural scope This section is a summation of glass and stone beads circulating in the Bay of Bengal region from fourth century BCE. The beads were commodified and distributed in the South-East Asian middle range societies (Basa 1992, 91-104). Stone beads, including etched alkaline carnelian and agate beads were thought to have been produced in South Asia (Belina and Glover 2001, 191-215) and made their way into different regions of South-East Asia and some of the techniques were adopted by the Iron Age communities in South-East Asia, where indigenous bead production techniques were locally adopted (Theunissen 2000, 84-105). The increasing role of sites in South-East Asia, particularly in the Thai-Peninsular region (Khao Sam Khaeo) were catalyst in not only interactions between South Asia and South-East Asia but within the trans-Asiatic networks (Bellina et al. 2006, 257-293). The trans-Asiatic networks relayed technological know-hows. For instance, it has been argued that craftsmen at early sites like Khao San Khaeo in the Isthmus of Kra adopted technological traditions of South Asia (Bellina et al. 2006). At Khao Sam Khaeo glass production, particularly the drawn glass beads production technique was adopted. The ceramics also reported Indian style ceramics (Bouvet 2011, 47-82) and Chinese style (Han) ceramics (Bellina et al. 2006, 257-293). Therefore, the site of KSK, located on the east of the Isthmus of Kra connected Bay of Bengal to the East Asia. Glass beads have great significance in pursuing research in the trans-Asiatic networks over long-time ranges. In East Asia Gupta (2005, 22-30) noted the presence of Indian drawn glass beads in Japan and Korea from late first Millennium BCE and continued in the late Yayoi period (300 BCE–300 CE) and Three Kingdoms period (220 to 280 CE). In more recent historical periods (fifteenth to seventeenth centuries) the research conducted by (Craig 2021) assumes importance as it draws on evidence from both terrestrial and underwater (shipwrecks) sites. Craig has listed out two important locales which could be investigated to document production, shipment, and distribution of portable objects like beads. These are sites of beach side communities who were likely the last to handle cargoes, coming in or going out into the sea and also the actual shipwreck sites. It is in this context that addressing underwater archaeological strategies becomes crucial. After having examined the available evidence from the Bay of Bengal region, it becomes clear that it is difficult to obtain shipwreck sites from the Bay of Bengal region, particularly where large rivers like the Ganges debouches and turns underwater excavation strategies a problem and extremely difficult to pursue. Perusal of historical sources and archaeological data makes it clear that the NBBR region witnessed urbanization and participated in the wide trans-Asiatic exchange systems from the end of the first millennium BCE. A wide varieties of objects including glass, stone beads and ceramics were locally produced or acquired from other regions of South Asia and could have been shipped to other regions including the South-East Asian regions like Myanmar. The early urbanized sites of Myanmar like Beikthano reveals existence of red glass beads made from the ‘drawn’ techniques along with decorated (possibly lime) carnelian and stone beads (author’s own observations). These objects have been found at sites in the coastal zone of West Bengal in the western part of the NBBR. Some of the well-known sites are Tamluk and Chandraketugarh, but there are few sites, discussed below, which have yielded glass beads from the archaeological contexts, but are under threat from coastal erosions. In summary, although early shipwreck sites are not available for the Bay of Bengal region, artefacts originating from the region are to be found in shipwreck sites. 3 �The history of production of certain categories of glass beads such as the ‘drawn’ glass beads, could also be reconstructed from these studies. Craig’s (2021) research on the fifteenth century CE shipwreck Pandanan, located in the Palawan region of Philippines, cargo consisted of drawn and wound glass beads. The red opaque drawn glass beads classified as ‘Indo-Pacific’ beads and mineral Soda-Alumina glass were possibly sourced from South Asia (Craig 2021). She emphasizes shipwrecks from Philippines are important to understand the shift in the bead trade in the entire Asia-Pacific region, while I add this research also aids historians in evaluating the relative importance of the different maritime spaces like Bay of Bengal region and its role in transferring technologies and objects towards the east. Further, I suggest the strategy to locate more sites along the eastern coast of India, to sample glass and also stone beads. Arikamedu is the only site at the centre of current discussion but more sites from the NBBR should be included. 2.4 The ports in the NBBR region: Western segment of Ganga-Brahmaputra delta (West Bengal). 2.4.1 Chandraketugarh The site is located on a defunct arm of the palaeo-channel of the Ganges. The site is about two sq km in extent and the most flourishing period of the site was between the third century BCE to the fourth century CE. The major artefactual component of the site consists of large number of terracotta plaques, ceramics, stone and glass beads. The site may correspond to one of the ports mentioned in the Periplus as Gange. Although, a large number of beads have been found from the site the only publication is that of (Chakraborty 1998, 32-54). Chakraborty has documented blue glass beads, green glass beads and Indo-Pacific beads in red, orange and yellow opaque have been documented. 2.4.2 Tamluk The site is identified with the port of Tamralipti. Excavations and explorations at the site (IAR, 195455; 1973-74) produced a large number of ceramics, terracotta plaques and figurines and glass beads. Several glass beads including green glass, blue glass, black oblate and ‘Indo-Pacific” beads have been documented from the site although from surface context. The chronology of the beads is between third century BCE to even ninth-twelfth centuries CE based on comparison of beads with sites in South India and also with sites in South-East Asia, such as Takua Pa (Gangopadhyay 2010, 171-181). The beads demonstrate wide geographical zone from North-West India, Northern India, Southern India and South-East Asia. The temporal zone is between third centuries BCE to twelfth centuries CE. 2.4.3. Harinarayanpur and Deulpota The other sites from coastal West Bengal are these two very interesting sites which has produced several coloured and opaque glass beads (Chakraborty 1998, 32-54), including the ‘Indo-Pacific’ types. These sites will be dealt with in our discussion on underwater archaeological heritage. 4 �Figure 1: Map showing sites discussed in the text (Courtesy: Snehadip Saha) 2.5 Glass beads and trade: coastal West Bengal Several sites in coastal zone West Bengal have evidence of glass beads from the early historic to the medieval period. However, these sites have not been studied in detail. It is unclear as to whether communities at these sites produced glass beads or acted as transportation nodes from Indian glass beads production centre or southern glass production centres. Also, one can raise the issue and debate if all the drawn red glass beads collected from the surface context from the sites mentioned above should be chronologically placed in the early historic period. The connection with South-East Asia is indicated by the blue ‘eye’ bead of glass, similar to the one from Takua Pa, referred above, although such beads have a long chronology in India going back to the third century BCE. The data of these small portable items belonging to the early medieval and medieval period is unsubstantial for any cogent argument. 5 �3. DISCUSSION The following points emerge out of the above discussion: a. The Bay of Bengal region connecting South and South-East Asia from the prehistoric times till the medieval period. The connectivity stretched towards east Asia and the Far east for which archaeological evidence of Jar burials can be put forward. b. The more tangible evidence of ceramics within the Bay of Bengal region and beads in the wider Asia-Pacific region appears at disparate localities within the region stretching from the Coromandel coast to Korea and Japan. c. Our data on Indo-Pacific glass beads from coastal West Bengal in NBBR, shows that littoral sites are presently being eroded and the archaeological layers lie below the high tidal mark therefore, it is important to survey the inter-tidal zone. Other coastal regions along in the NBBR, such as Myanmar, should also be surveyed. ACKNOWLEDGEMENTS I acknowledge APCONF 2023 and the chairperson of the session for accepting this paper and for providing senior travel award to enable travelling to Korea. Some of the data used in the article was observed while the author travelled the Myanmar in 2019. The UGC-UPE-II (India Looking East) is acknowledged and also the University of Calcutta for facilitating the funding. BIBLIOGRAPHY Basa. K. K. “Early Glass Beads in India”, South Asian Studies 8 (1992): 91- 104. Belina Berinice, Ian Glover 2001. Alkaline Etched Beads East of India in the Late Prehistoric and Early Historic Periods, Bulletin De L Ecole Francoise D Extreme-Orient 88, 1 (2001): 191-215. Bellina Berince, Robert Pryce and Praon Silapanth. “Weaving cultural identities on trans-oceanic networks: Upper ThaiMalay Peninsula – an early socio-political landscape”, Bulletin De L Ecole Francoise D Extreme-Orient 93, (2006): 257293. Bouvet Phaedra 2011. “Preliminary Study of Indian and Indian Style wares from Khao Sam Kaeo (Chumphon, Peninsular Thailand) Fourth-Second Centuries BCE. In Early Interactions between South and Southeast Asia, Reflections on CrossCultural Exchange, edited by In Pierre Yves Manguin, A. Mani and Geoff Wade, 47-82. Manohar, Singapore, Institute of South-East Asian Studies, New Delhi, 2011. Craig Jennifer. “Shipwrecks and Glass beads: Indian Ocean World connectivity across the historic maritime cultural landscape”. PhD diss., McGill University Canada, 2021. Coupey Anne-Sophie. “Infant Jar Burials in Upper Burma. Unearthing Southeast Asia” Selected Papers from the Twelfth International Conference of the European Association of Southeast Asian Archaeologists 1, (2013): 84- 90. Chakraborty, Sharmi. “Beads from Chandraketugarh”, Pratna Samiksha, 4-5 (1995-96): 32- 54. Dhavalikar, M.K, H.D. Sankalia and Z.D. Ansari, Excavations at Inamgaon, Vol 1. Part I, Pune: Deccan College Postgraduate and Research Institute, 1989. 6 �Francis, Peter. Asia’s Maritime Bead Trade, 300 BC to the Present. Hawai: University of Hawai Press, 2002. Gangopadhyay K. Early Historic Archaeology of Coastal West Bengal with Special Reference to Medinipur District (Unpublished doctoral dissertation, 2013). Utkal University, 2013. 171-181. Gupta, Sunil. “Bay of Bengal Interactions Sphere (1000 BCE-AD 500)”, Indo-Pacific Prehistory Association Bulletin, 25 (2005): 22 -30. Glover, Ian and Berenice Bellina. “Alkaline Etched Beads East of India in the late Prehistoric and Early Historic period”, Bulletin De L Ecole Francoise D Extreme-Orient, 88 (2001): 191- 215. Indian Archaeology-A Review, 1954-55, 19 and 1973-74, 32. Riotto, M. “Jar-Burials in Korea and their possible social implications”, Korea Journal 35, 3 (1995): 40- 53. Stargardt, Janice. “Death Rituals of the late Iron age and Early Buddhism in Central Burma and South-East India- whose norms, whose practices?” In Im Dickicht der Gebote, 2005. 407- 434. Thakuria Tilok, T. Jamir and M.K. Chauley. “Stone jar Burials in North Cachar, Assam”, Man and Environment XLI, no. I (2016): 44-51. Theunissen, Robert, Peter Grave and Grahame Bailey. “Doubts on Diffusion: Challenging the Assumed Indian Origin of Iron Age Agate and Carnelian Beads in Southeast Asia”, World Archaeology - Archaeology in Southeast Asia, 32 (2000): 84-105. 7 � Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Dimensions of Interactions: Bay of Bengal in the Wider Asia-Pacific Region: Archaeological and Historical Records from the Earliest Period till 1500 CE Description An account of the resource The paper explores the role played by the Northern Bay of Bengal Region in the cultural transmission throughout the Indo-Pacific region. The investigation begins in the protohistoric period and subsequently discusses the early historic and the historical period. In this paper, the author raises issues of mortuary practices, which are similar between South Asia and South-East Asia. Artefacts discussed in this paper include glass and stone beads, portable enough to be carried across long distances and their final deposition as grave goods point to the inherent value attached to these portable artefacts. The third issue is the findspots of these artefacts, particularly beads from the shipwreck sites from the Philippines. It is remarkable how such sites can provide the much needed in-situ data on portable and its dated values. All this evidence compels us to look at a neglected region in the discussion, primarily the Northern Bay of Bengal region. Creator An entity primarily responsible for making the resource Kaushik Gangopadhyay Publisher An entity responsible for making the resource available The Museum of Underwater Archaeology Date A point or period of time associated with an event in the lifecycle of the resource 2023 Language A language of the resource English Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. Gangopadhyay, Kaushik . 2023. “Dimensions of interactions: Bay of Bengal in the wider Asia-Pacific region: Archaeological and historical records from the earliest period till 1500 CE.” Edited by Jennifer Craig, Jay Mok, T. Kurt Knoerl, V. Selvakumar, and Wijerathne Bohingamuwa. In Proceedings of Fifth Asia Pacific Regional Conference on Underwater Cultural Heritage: Gwangju, The Republic of Korea, November 13-18 2023. The Museum of Underwater Archaeology. URL: https://apconf.omeka.net/exhibits/show/apconfproceedings/item/1950 Asia-Pac Session 8 2023 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Developments in Southern Fukien under the T’ang and the Min Creator An entity primarily responsible for making the resource Kee Long So Date A point or period of time associated with an event in the lifecycle of the resource 1995 Type The nature or genre of the resource Journal Article Zotero Author Kee Long So Item Type Journal Article Date A point or period of time associated with an event in the lifecycle of the resource 1995 Issue 3 Pages 443-51 Publication Title Journal of African and Oriental Studies Title A name given to the resource Developments in Southern Fukien under the T’ang and the Min Volume 115 Korea https://apconf-much.org/proceedings/files/original/37897f39ee73ce7134a9d84acbc1a8f4.mp4 6143b3b170057f0a3cdb963f28f5708a https://apconf-much.org/proceedings/files/original/3d1e42f2e26a1e78511217212c6ab781.mp4 b89338cb0aa36d10444a034619d44940 https://apconf-much.org/proceedings/files/original/9af2d155fd84bf76a55a683de1ff70e3.mp4 e6dbe177e0d4ba5c35413ff56d3de624 https://apconf-much.org/proceedings/files/original/1c8b94be8eee0095faf35aaacf39c8f8.mp4 eb39be33f60985dcf6621d971e663cc6 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Session 10: Indigenous Cultural Landscapes and Biocultural Resources in Hawaii and the Pacific Subject The topic of the resource Video interviews with Session 10 chair Dr. Kehau Watson and panel participants William J Aila Jr. and Kepa Maly, and links to the papers presented in the session. Description An account of the resource Responding to the effort to protect both natural and cultural resources within the marine environment for the benefit of present and future generations, state and federal resource management agencies have been re-examining their cultural resource preservation mandates. New understanding of cultural heritage, marine cultural resources, tribes, indigenous peoples, and cultural landscapes is beginning to emerge. It is clear that “all traces of human existence that lie under water and have a cultural or historical character” (UCH) includes much more than simply shipwrecks and aircraft. The potential for these new definitions to engage local communities and associated disciplines and to address biocultural conservation needs is great, particularly for indigenous communities in Hawaii and the Pacific who are currently undertaking extraordinary efforts to plan for and protect their resources from climate change and other environmental threats. By integrating indigenous cultural landscapes and their related biocultural resources into a dynamic paradigm on underwater cultural heritage, the field looks to gain allies across stakeholder groups and develop its relevancy for younger generations, thus helping to ensure long-range traction for the preservation of all underwater heritage resources. Participants in this session will focus on policy and research issues in indigenous cultural landscapes, and the dynamic nature of cultural heritage management in Hawai‘i and across the Pacific. Creator An entity primarily responsible for making the resource Dr. Kehau Watson Moving Image A series of visual representations that, when shown in succession, impart an impression of motion. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Video interviews with Session 10 chair Kehau Watson and panel participants William J Aila Jr. and Kepa Maly. Description An account of the resource Responding to the effort to protect both natural and cultural resources within the marine environment for the benefit of present and future generations, state and federal resource management agencies have been re-examining their cultural resource preservation mandates. New understanding of cultural heritage, marine cultural resources, tribes, indigenous peoples, and cultural landscapes is beginning to emerge. It is clear that “all traces of human existence that lie under water and have a cultural or historical character” (UCH) includes much more than simply shipwrecks and aircraft. The potential for these new definitions to engage local communities and associated disciplines and to address biocultural conservation needs is great, particularly for indigenous communities in Hawaii and the Pacific who are currently undertaking extraordinary efforts to plan for and protect their resources from climate change and other environmental threats. By integrating indigenous cultural landscapes and their related biocultural resources into a dynamic paradigm on underwater cultural heritage, the field looks to gain allies across stakeholder groups and develop its relevancy for younger generations, thus helping to ensure long-range traction for the preservation of all underwater heritage resources. Participants in this session will focus on policy and research issues in indigenous cultural landscapes, and the dynamic nature of cultural heritage management in Hawai‘i and across the Pacific. Creator An entity primarily responsible for making the resource Kehau Watson Date A point or period of time associated with an event in the lifecycle of the resource 6/11/2014 Asia-Pac Session 10 2014