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                  <text>Abstract                                                                                                                     &#13;
&#13;
While evidence of conflict in the Asia-Pacific Region dates back thousands of years, World War II brought more people into contact with the seas of the Asia-Pacific region than ever before and left a correspondingly large archaeological signature. Today, the ship and plane wrecks, maritime infrastructure and underwater dumping sites from WWII present an archaeological resource of conflicting values ranging from artificial reefs and tourism assets, to war-graves and even ecological threats. Most recently, the different values placed on these sites has been thrown into sharp relief with the illegal salvage of a number of naval ships in South-East Asia and subsequent outcry from former colonial powers.&#13;
&#13;
Maritime warfare throughout the Asia-Pacific Region has had a far-reaching impact on the people who lived, and continue to live in these areas that goes beyond the mere recording of battlefields and the machinery involved. Maritime archaeology has significant potential to provide insights into the lives and experiences of those who have been overlooked by traditional war histories including non-combatants and indigenous people.&#13;
&#13;
The protection and management of World War II-related Underwater Cultural Heritage (WWII UCH) provides particular challenges in the contemporary Asia-Pacific Region. While the 2001 UNESCO Convention provides a code for internationally recognised best practice, most countries in the region are yet to become signatories. Many countries in Oceania in particular see the current interest in WWII UCH as overshadowing the need to protect and preserve indigenous UCH. A potentially useful framework that could be used to provide a balance in interests and benefits for more of the Asia-Pacific community is the United Nations Sustainable Development Goals that provide a holistic and relevant path for incorporating all UCH into sustainable environmental and development policies and practices. This should lead to an appreciation of all that constitutes Asia-Pacific UCH and their particular challenges.&#13;
&#13;
Session Organisers:&#13;
&#13;
Matt Carter&#13;
Bill Jeffery&#13;
Hans Van Tilburg&#13;
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                <text>Aircraft were a major component of the U.S. war effort in the Pacific Theatre of WWII, and today numerous examples can be found throughout the waters of the Asia-Pacific region. Due to their cultural and historical significance to modern stakeholders, understanding the decay trajectories has become an important issue in the realm of archaeology and cultural heritage management. While the majority of corrosion studies have focused on electrochemical exchanges at the seawater-metal interface, far less attention has been paid to the effects of colonizing microorganisms (e.g. sulfate-reducing bacteria) that can contribute to increased rates of corrosion. Some studies of the microbiome of historic steel wrecks have been investigated in recent years, revealing a diverse mix of aerobic and anaerobic organisms. Yet, little has been done to understand the morphology and structure of the microbial community on aluminum aircraft in relation to corrosion processes. This paper summarizes the issues and previous efforts made in regards to microbially-influenced corrosion (MIC) of historical wrecks, while also outlining a proposed study that aims to investigate MIC of WWII aluminum aircraft in Saipan and Hawaii. It is the hope of the research team that the results will be used to better understand the decay trajectories of the aircraft and inform resource managers in their preservation practices. Field work and laboratory analysis are scheduled to take place in the spring and summer of 2020, with financial support being provided by a National Center for Preservation Technology and Training grant from the National Park Service. The project represents a collaboration between archaeologists and microbiologists in a concerted effort to confront historical preservation issues with an interdisciplinary approach. Finally, this paper concludes with a discussion on the importance of a public archaeology focus and how this project will include the local community throughout our time in the field. </text>
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Underwater Cultural Heritage: Keelung,Taiwan, and Virtual, November 1-5, 2021. The Museum of Underwater&#13;
Archaeology URL: https://apconf-much.org/proceedings/exhibits/show/apconf-muchproceedings/item/682</text>
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                    <text>All our vessels are rowed from within, these are paddled from without, Spanish
and European Colonial Reception of Philippine Indigenous Craft
Roderick Stead
Centre for Maritime Archaeology
Southampton University
Southampton SO17 1BJ
UK
Email: mrs1e08@soton.ac.uk
Abstract

When the European visitors arrived in the Philippines from the Sixteenth century,
they encountered a range of indigenous craft ranging from logboats to plank-built
vessels. These boats, especially the plank-built vessels, were built in a very
different style to their own. They were particularly interested in the single and
double outriggers employed on these craft. The plank-built craft used hand
carved strakes rather than sawn timber and were held together by dowels and
treenails. The hull strakes were fastened together by the lashed-lug technique or
sewn. No metal fastenings were used in the construction. Similar techniques
were used throughout Island Southeast Asia. They recognised the maritime skills
of the Filipinos and soon used them as crew on their own vessels and as
craftsmen to build European-style vessels using local materials. The Spanish
noted the suitability of the local vessels in the Philippine environment, due to their
speed and ability to cross shallow coral reefs, even though they were largely
ineffective in fighting against European vessels. They continued to employ boats
built in the local tradition for communications and to suppress maritime raiders
from the areas not under colonial control. These vessels continued in this role
until replaced by steam vessels in the nineteenth century. This paper will explore
the European views on these traditional craft and the way they were utilised and
adapted by the Spanish and other Europeans powers.
Keywords: Plank-built vessels, Colonialism, Sail, Paddle, Philippines

Introduction
The first recorded European visit to the Philippines was by Magellan in 1521, whilst
in the service of the Spanish crown. This visit was well documented by his
chronicler, Pigafetta (1874) (translated by Stanley, 2010). He was immediately
impressed with the local plank-built boats he saw, the balangay, which he
transcribed as ballanghai. Pigafetta records “we came upon two long boats, which
1

�they called ballanghai, full of men. In the largest of them was the king sitting under
an awning of mats” (Stanley, 2010: 76). He also records a conference near Samar
“the king… led us under a place covered with canes, where there was a ballanghai,
that is to say, a boat, eighty feet long or thereabouts, resembling a fusta. We sat
with the king upon its poop” (Stanley, 2010: 78). The fusta was a kind of light galley
from this period, used mainly in the Mediterranean, with a single mast, a lateen sail
and usually up to 18 oars.
The picture below (Fig. 1) is
of a Portuguese fusta, with
22 oars, from a book by Jan
Huygen van Linschoten, a
Dutch traveller. Despite this
comparison,

most

commentators of this period
were

struck

differences
Philippine

by

the

between

the

indigenous

craft

and the European tradition.
They

were

Fig. 1 Portugese fusta from Jan Huygen van Linschoten,

particularly 1595
interested in the shallow draft,

which was necessary to sail over the numerous coral reefs and the use of the
double outrigger in order to give lateral stability. The practice of sitting o n the
outriggers in order to paddle was remarkable and was feasible only in the warm
tropical waters of the islands. The Asian lug sail was also a novel approach
compared to the square sails or lateen sails to which they were accustomed. The
Philippine vessels were part of a larger tradition that was found through much of
Indonesia. Therefore many of the comments referred to vessels in the Moluccas or
Sulawesi as much as in the Philippines.

2

�The European Colonial Settlement in the Philippines
The main Spanish interest was initially in the Moluccas and in the trade with China
and so the colonial regime developed slowly in the Philippines. After a number of
exploratory voyages, Miguel López de Legaspi founded the initial settlement at
Cebu, which was an established emporium for Chinese and Southeast Asian
traders. Fort San Pedro was built there in 1565. A further settlement was built on
the island of Panay. In 1571 Legaspi moved the capital to Manila, another
established trade emporium. The young colony was threatened by Chinese and
Japanese pirates and Moslem raiders from the south, but the main danger was the
rivalry with other European colonial powers, particularly the Portuguese and later
the Dutch. Few Spanish settlers came to the Philippines, but it proved a fertile
opportunity to convert the animist inhabitants to Christianity and the Church
maintained a strong grip on the colonial administration (Phelan, 1959).
Indigenous Philippine Craft
Our knowledge for the Philippine craft in the pre-colonial world is limited. The
evidence we have is drawn essentially from the accounts of early travellers or
colonisers, referred to below. There is little archaeological information available,
although this is expanding steadily as new discoveries are made. There is a single
archaeological site with preserved vessel hulls, at Butuan in Northern Mindanao
(Scott, 1981: 1). There is also some, very limited, iconographic evidence such as
the Manunggul Jar, which appears to illustrate a logboat conveying a dead soul to
the afterlife. This is one of the most famous prehistoric artefacts from the
Philippines, currently in the National Museum in Manila, which was discovered in a
cave of the same name in Palawan and has been dated to 800 BC (Dizon and
Ronquillo, 2010: 22). The jar is for a secondary burial and the figures on this
ceramic show a log boat used to transport the soul. The dead soul is the first figure
with crossed arms conveyed by a boatman who is paddling the logboat. The front of
the boat is carved with anthromorphic details of eyes, nose and mouth. The boat
appears to have had a pole mast, which is now missing. There is considerable
evidence from ethnographic sources that many of the traditional skills and design
features have been retained until the present day. The banca remains the standard
3

�small fishing boat and means of local communication throughout the islands (Fig. 2).
This is a plank built vessel with double outriggers with many similarities to traditional
craft. However there is now a very rapid rate of change as engines have largely
replaced sails and paddles to power these vessels.
The vessels observed by the
initial

visitors

fall

into

two

categories; logboats and plankbuilt

boats.

category

An

was

intermediate

the

log

boat

expanded by the addition of
washboards or strakes of wood
or rattan to increase freeboard
and

make

the

boats

more

seaworthy. The logboats were
more familiar to the visitors as

Fig. 2 Modern banca. (M. R. Stead)

they follow closely examples
from other parts of the world including the Americas, Africa and Europe. The plankbuilt boats were more exotic in that they were constructed of hand carved planks
rather than sawn timber. The hulls were fastened together using dowels recessed in
the planks and lashings to the ribs. There were no nails in these vessels at all. It
was these plank-built vessels that generated most comment. They were perceived
to be very insubstantial for maritime voyages. There are extensive European textual
descriptions from the sixteenth century and later years. The Spanish sources are
most extensive, but are supplemented by a range of accounts from other European
visitors in English, Portuguese and Dutch. The Tagalog/Spanish dictionary of Pedro
de Buenaventura, Vocabulario de La Lengua Tagala, elromance castellaño presto
primero (Vocabulary of the Tagalog language with Castillian Romance given first)
published in 1613 is particularly valuable. It lists sixteen types of boats from the log
boats, bilog and bawoto, to the plank-built boats, the balangay, kopit, birok and
biroko. Many words for nautical activities and boat equipment are included. These
are, of course, just the Tagalog names and the dictionary does not include the
4

�names in Visayan or other Philippine dialects. However there are other dictionaries
for those areas, such as the later Diccionario Español-Bisayaparalasprovincias de
Samar y Leyte (De la Rosa-Alcázar, 1914).
Accounts by Europeans who had sailed vessels built in the local tradition, or had
even constructed such craft, are particularly valuable. The most complete guide to
the indigenous ships and the shipbuilding techniques used to construct them are
contained in Ignacio Francisco Alcina’s unpublished text, Historia de las Islas e
Indios de Bisayas (Alcina 1668: 159-215). He recorded that he had actually built
and sailed more than twenty such plank-built boats. He discussed the balangay, the
biruk and the caracoa, after stressing that these plank-built boats were all
constructed in a similar way. The biruk was mostly for carrying cargo and the
balangay was a general-purpose vessel. The caracoa was used for raiding and
warfare and built in a style to accommodate a large crew.
Logboats
The logboats are simple dugout vessels cut from large tree trunks. As the Philippine
forests were well supplied with large trees suitable to construct such boats then
these were the most likely vessels utilised since prehistory for local fishing and
communications. A recently discovered example is the logboat found at Rosales in
Pangasinan province, northwest Luzon. This is a 7.10 m logboat found in a tributary
of the Agno River, one of the largest rivers in Luzon, which drains into the Lingayen
Gulf. This has been radiocarbon dated to between 1480 and 1650 AD with a 95%
probability (Stead, 2014: 12). Alcina (1668: 197-199) describes the construction
process for a logboat in detail and all his technical terms are in Visayan with some
use of Iberian terminology. He refers to a logboat as a balato. A fresh trunk was
felled and stripped to a depth of two fingers. This reflects the experience that the
soft outer wood would tend to rot. A centre line (called a kutur) was provided to give
a guide to the carpenter. The upper part of the trunk was removed by axe or adze,
often leaving an upstanding bow and stern. They would carve out the inside leaving
protrusions in the wood to support the thwarts (agar). The ends would be trimmed
into a boat shape.

5

�The most difficult technical issue was to achieve a suitable thickness of wood, so
that the boat was robust, but not too heavy, which was achieved by using a gauge
or auger called a lokob. This would leave trial holes in the timber that would need to
be patched carefully. The tools used to excavate were a square adze (daldag) and a
skewed adze (called a binkong).The thwarts had a key role to provide beam
strength to the hull, as well as seating for the paddlers and as a basis for lashing on
washboards or extension planks. According to Alcina (1668: 167), a typical baloto
would be up to nine (9) m in length with a beam up to one metre. This represented
eight to ten man-day’s construction time. These log boats would often be furnished
with a single or double outrigger to improve stability. Lateral stability has often been
a problem for log boats in any environment and the Philippine solution was very
effective. Due to the difficulties of working nets over the side of a log boat,
outriggers may be absent or they might be removed for convenience whilst fishing.
Planked Boats
The hulls were constructed with hardwood planks attached to a central keel or a
simple centre plank. Sawing technology was not used before the colonial period and
the planks were carved by hand, using axes and adzes. Lugs were left carved as
protrusions on the inner side of the planks to form transverse rows. The usual
method of fixing the planks together was by the use of circular dowels, inserted in
the edges of the individual strakes. The size of these dowels was about 3 cm in
diameter. The boat was then lashed together using the carved lugs on the inside of
the planks and series of ribs. Transverse thwarts were also lashed to the lugs and
ribs to create a firm inverted bell-shaped structure.
Balangay
The planked boat, the balangay, referred to above in the account of Pigafetta, were
very numerous in the pre-colonial period. Antonio de Morga, a senior civil servant in
the Spanish service, referred to them in his Sucesos de las Islas Filipinas (De
Morga, 1609: 190). He describes the barangays as “certain quick and light vessels
that lie low in the water, put together with little wooden nails. These are as slender
at the stern as at the bow and they can hold a number of rowers on both sides”.
These early accounts indicate that they were general-purpose, cargo-carrying
6

�vessels widely used in inter-island trade. They were propelled by rowers or paddlers
and by sail. De Morga also noted the palm leaf awnings or cayanes, which gave
protection to the boat and the crew from the fierce tropical sun. He noted that the
ships would not capsize due to the outriggers and, even if flooded, the bamboo
outriggers would prevent the boat from sinking. Alcina (1668: 201-202) described
the barangays “the lightest that were used and are still being used by these natives
here. They are built upon a square keel, adding boards for the side. They are
completed with low sides suitable for rowing…” We are in the fortunate position of
having a number of balangay boats that have been discovered at the Butuan site in
Northern Mindanao (Stead and Dizon, 2011: 3). These were buried in silt deposits in
the estuary of the Agusan River. A total of twelve hulks or wreck fragments have
been reported in total. Three balangay vessels have been fully excavated and a
further hull is currently being excavated. These correspond closely to the
descriptions of these vessels and are between 14 and 20 m long (Stead and Dizon,
2011). Three underwater wrecks in Philippine waters appear to be the remains of
such Southeast Asian vessels, although the hull remains are fragmentary. These
are the Pandanan wreck
and

the

Wreck
and

Lena

from

the

Shoal

Palawan,

Santa

Cruz

wreck

from

Zambales

(Dizon

and Ronquillo,

2010:

201-213)

(see

Fig. 3 for a photo of a
modern replica).

Fig. 3 Replica balangay boat, National Museum, Manila. (P. L. Stead)

The Caracoa
The caracoa was a military version of the balangay. It was considered larger and
faster, and was most suitable for raiding and slave trading. As Retana (cited by
Martínez de Zúñiga, 1803: ii, 513)has pointed out, this word does not appear in
early Tagalog or Visayan dictionaries, but as the word exists in both Spanish and
Portuguese dictionaries, he suggests that this may be a Portuguese rendering of the
7

�Malay root of corocoro. The Spanish documents from the colonial period in the
Philippines consistently refer to these vessels as the caracoa, but in the Moluccas
corocoro was the more normal name. Blair and Robertson (1904) list 117 references
to the caracoa in their compendium of sources from the Spanish archives. Alcina
(1668: 207) refers to this class of vessel and commented that they were traditional
in the Philippines and were widely used in his time. He said “It closely resembles
the brigantines of Spain, although (the caracoa) is larger in size”. He notes that this
is due to the outriggers, paddling seats on the outrigger booms and the fighting
platforms, which were features of the caracoa (Alcina, 1668: 207). He also gave the
opinion that “For these islands they are the best ships or vessels and the most
suitable for war fleets. These people used them in ancient times when, as infidels,
they went out to plunder other enemy islands ….”Alcina (1668: 207). He specifically
mentions that Spanish authorities continued to construct caracoa in the seventeenth
century for military use. The rowers and sailors would be Filipinos, but the soldiers
would normally be Spanish. The same arrangement can be noted on the Manila
galleons that carried many Filipino sailors. He comments that the caracoa was a
more comfortable means of travel in the Philippines than the Spanish ships due to
many being fitted with a thatched palm roof. However, he notes that the Spanish
made these vessels heavier and their boats often could not catch the raiding
vessels built in the traditional style. These vessels were used for carrying
dispatches, defence against pirate attacks from the Sulu Sea and for major assaults
on pirate bases. A manuscript, thought to be by Pedro Gutierrez S.J., describes a
typical example of the use of the caracoa to repulse pirate attacks from the Moslem
south (Gutierrez, 1637). This raid was by four Muslim ships and their repulse by
Spanish-led caracoas is also recorded in Montero y Vidal (1888: 162). William
Dampier, the English buccaneer, describes this type of vessel as used by the Sultan
in Mindanao as seen in his voyage in the seventeenth century. He describes how
the boats were rounded like a half-moon, but with outriggers designed for paddling.
He recounts how
“there run a-cross the Out layers two tire of Beams for the Padlers to sit
on, on each side of the Vessel. The lower tire of these Beams is not
8

�above a Foot from the Water; so that upon any the least reeling of the
Vessel, the Beams are dipt in the Water, and the Men that sit are wet
up to their Waste; their Feet seldom escaping the Water. And thus as all
our Vessels are rowed from within, these are paddled from without (sic)”
(Dampier, 1797: 230).
Current knowledge of the caracoa is based mainly upon iconography, such as the
representation (Fig. 4) from Thomas Forrest (1779). None of these vessels survive
until today and, as yet, there are no identified examples in the archaeological
record. Forrest was well acquainted with the caracoa as he acquired two small
ones, the ‘Banguey’ and the ‘Borneo’ to assist his proa galley in his eighteenth
century voyage in Southeast Asia. The ‘Banguey’ measured just 18ft (5.5 m) keel
length with a beam of 8ft (2.4 m, and carried a crew of 14 men. Forrest (1779: 23)
gave a particularly clear description in a footnote to his account of his voyage “a
corocoro (caracoa) is a vessel generally fitted with outriggers, having a high arched
stem and stern, like the points of a half moon. They are used by the inhabitants of
the Molucca Islands chiefly, and the Dutch have fleets of them at Amboyna, which
they employ as guarda costas. They have them from a small size, to above ten tons
burthen; and on the cross pieces which support the outriggers are often put fore and
aft planks, on which the people sit and paddle, beside those who sit in the vessel on
each gunnel. In smooth water they can be paddled very fast, as many hands may
be employed in different ranks or rows. They are steered with two commoodies
(broad paddles), and not with a rudder. When they are high out of the water, they
use oars, but on the outriggers they always use paddles.”The caracoa were not
really a match for a European vessel in a fleet action. When Legaspi took Manila in
1571, there was a sea battle in Manila Bay with twenty or thirty local vessels, mainly
caracoas. These mounted one or two culverins each. The Spanish defeated this
fleet without difficulty (Anon, 1572, Relation of the Conquest of the Island of Luzon).
De Morga took two caracoas in his fleet when he sailed out against the Dutch under
Van Noort in 1600. They could not keep up with the European style ships d ue to the
choppy sea and adverse winds (de Morga, 1609: 177). It was reported that
caracoas were used by the Spanish against the Maranao tribes around Lake Lanao
9

�in Mindanao in 1639, by
transporting them overland
as

components

and

reassembling them at the
lake (Scott, 1981: 10). The
joanga was a larger size
version of the caracoa and
typical of the Moluccas,
Mindanao and the Sulu
Sea. A description of the
joanga,

or

juanga,

is

contained in a paper by de
Bobadilla which describes
an action in 1638, “they
were all embarked in a
Fig. 4 Illustration of a caracoa (corocoro). (Reproduced fleet of caracoas, which
from Forrest, 1779: plate 12)
are oared vessels much

used in Filippinas, carrying from fifty to a hundred rowers apiece. There are larger
ones called juangas, and carry from one hundred and twenty to one hundred and
thirty rowers (sic)” (de Bobadilla, 1639). Paris (1841: 91, 92) describes one of these
vessels as observed in the Moluccas, drawing on information from the voyages of
Pagès (1782). He refers to this vessel in French as a buanga. His drawing shows a
total 74 rowers on each side in three banks, rather similar to a classical Roman
trireme, but with a further 18 paddlers on the outrigger platform. Taking the two
sides together this would give a total of 184 crew, engaged primarily in powering the
vessel. The joanga and caracoa remained in service into the nineteenth century for
raiding and piracy in the whole of Southeast Asia from bases in the Sulu Sea area.
However, the outriggers were eventually discarded and the vessels came to have
heavier lines and a broader beam. This may reflect the need to carry heavier guns.
Eventually, they were defeated when the Spanish and British and Dutch navies

10

�brought in steam powered naval units (Warren, 1981: 256-258). One of the last
voyages recorded in a caracoa was by the famous naturalist, Wallace, in 1859,
when he rode on a Dutch government-owned vessel from Bacan to Ternate in the
Moluccas. This boat was of four (4) tons burthen, with twenty rowers (rather than
paddlers), a thatched canopy, a low freeboard, and double outriggers at five (5) feet
either side of the hull. There was a tripod mast and a mat sail. He complained about
the constant drumming, used to keep the rowers in time (Wallace, 1869: 358).
Conclusion
We are indebted to the early Spanish explorers and colonialists, and travelers from
many nationalities for most of the information we have on the indigenous Philippine
boats. Hopefully the progress of maritime archaeology in the area will contin ue to
supplement these early sources.
Acknowledgements
My thanks to my supervisors for this research work, for their guidance, Dr Lucy Blue
and Dr Jesse Ransley, both of the University of Southampton, as well as Dr Eusebio
Dizon of the National Museum in Manila.
References
Alcina, I. F., 1668. Historia de las Islas e Indios de Bisayas…, Part One, Book 3,
Vol. 3: 197-213, re-published in 2005 by UST with a translation by C. J. Kobak and
L. Gutiérrez, Manila.
Anon., 1572. Relation of the Conquest of the Island of Luzon, mss. translated by
Blair and Robertson in their compendium of documents, Vol. 3: 156-7.
Blair, E. H., and Robertson, J.A., 1903-7.The Philippine Islands, 1493-1898, 55
Vols, Clark, Cleveland.
de Bobadilla, D., 1639. Glorious victories against the Moros of Mindanao, paper
printedin Mexico and translated by A.B. Myrick, reprinted in Blair and Robertson,
Vol. 29: 86-03.
Dampier, W., 1797. A New Voyage around the World, 1927 edition, Argonaut Press,
London.
Dizon, E. Z., and Ronquillo, W. P., 2010. Maritime and Underwater Archaeology in
the Philippines, from A Passage to Asia. Bozar, Brussels.
11

�Forrest, T., 1779. A Voyage to New Guinea and the Moluccas from Balambangan.
G. Scott, London.
Gutierrez, P., 1637. Defeat of Moro Pirates MSS in Academia Real de la Historia,
Madrid, trans by A. B. Myrick and E. H. Blair.
Huygen

van

Linschoten,

J.,

1595.

Reys-gheschrift

vande

navigatien

der

Portugaloysers in Orienten, Cornelis Claesz, Amsterdam.
Martínez de Zúñiga, J., 1803. Estadismo de las islas Filipinas. In W. E. Retana (ed
and annotated) in 1893, Madrid.
Montero y Vidal, D. J., 1888. Historia de la Pirateria Malayo-Mahometana en
Mindanao, Jolo y Borneo, Madrid.
de Morga, A., 1609. Sucesos de las Islas Filipinas, trans by J. S. Cummins for the
Hakluyt Society, 1971, London.
Pagès, P. M. F., de 1782 Voyages Autour Du Monde, Et Vers Les Deux Poles, Par
Terre Et Mer, Pendant Les Annes 1767, 1768, 1769, 1770, 1771, 1773, 1774, &amp;
1776, Chez Moutard, Paris.
Paris, F. E., 1841. Essaisur la constructionnavale des peuples extra-Europeens :
oucollection desnavires et piroguesconstruits par les habitants de l'Asie, de la
Malaisie, du Grand Ocean et del'Amerique ... pendant les voyagesautour du monde
de l'Astrolabe, la Favorite et l'Artemise, Arthus Bertrand, Paris.
Pedro de San Buenaventura, 1613. Vocabulario de la Lengua Tagala, republished
by Domingo de los Santos in 1835.
Phelan, J.L., 1959. The Hispanization of the Philippines, Spanish Aims and Filipino
Responses 1565-1700. University Press of Wisconsin, Madison.
Pigafetta, A. trans. by J. E. H. Stanley, 2010. First Voyage Round the World by
Magellan: Translated from the Accounts of Pigafetta and Other Contemporary
Writers. Cambridge University Press, Cambridge.
De la Rosa-Alcázar, S., 1914. Diccionario Español-Bisaya para las provincias de
Samar y Leyte, Santos y Bermal Manila.
Scott, W.H., 1981. Boat Building and Seamanship in Classic Philippine Society.
Anthropological Papers No. 9, National Museum, Manila: 1-38.

12

�Stead, M. R.,and Dizon, E., 2011. A National Cultural Treasure Revisited – Reassessing the ‘Balangay’ Boat Discoveries. In Mark Staniforth, Jennifer Craig,
Sheldon Clyde Jago-on, Bobby Orillaneda, Ligaya Lacsina (Eds.), Proceedings of the
Asia-Pacific Regional Conference on Underwater Cultural Heritage, Manila: 425 436.
Stead, M. R., 2014. Dating a Philippine Logboat. Nautical Archaeology, Nautical
Archaeology Society, Spring 2014: 12.
Wallace, A. R., 1869.The Malay Archipelago, The Land of the Orang-Utan and the
Bird of Paradise, London, MacMillan, reprinted 1989, Oxford University Press,
Oxford.
Warren, J. F., 1981.The Sulu Zone 1768-1898. Singapore University Press,
Singapore.
Biography
Roderick Stead was originally trained as an economist and accountant. Since 2004 he
has re-trained as an archaeologist with a specific interest in maritime archaeology. His
current research interest is the development of Philippine indigenous craft. He has a BA
in Archaeology from Birkbeck College, University of London and completed an MA in
Maritime Archaeology at the University of Southampton in 2010. Currently he is a PhD
student at the Centre for Maritime Archaeology at the University Southampton

13

�</text>
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                  <text>Session 6: Iberian Global Interactions: the Manila Galleon and the Roteiro </text>
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                  <text>Interview with Session 6 co-chair Veronica Walker Vadillo and links to the papers presented in the session.</text>
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                  <text>The arrival of Spain and Portugal in Asia-Pacific in the 1500s marked a turning point in the history of the region. New foreign actors came into play: priests, merchants and mercenaries looking to save souls and profit from trade in exotic Asian goods. Far from their Iberian homeland, their deeds and actions, violent or not, resulted in a myriad of interactions that altered the life of the people who lived around their areas of influence, including that of the newcomers. This flow of people and goods circumnavigated the world by well established maritime routes. In 1565, the Spanish established the Manila galleon trade route, which linked Asia with the Americas, and from there to Europe. From the early 1500s, the Portuguese dominated the route that linked Asia with Africa, Brazil and Europe in what is known as the Roteiro. The most visible archaeological evidence of these trade routes is the ships in which the goods were transported around the globe, and also the interaction with different cultures that were located in trading posts along these routes. But through contact also came knowledge exchange and other subtle changes including the migration of people, flora, and fauna. In this session we want to discuss archaeological, historical, and ethnographic evidence that remains of this global enterprise that connected Europe to Asia through maritime trade, and all the entrepÃ´ts that stood along the way.</text>
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                  <text>Veronica Walker Vadillo</text>
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                <text>All our vessels are rowed from within, these are paddled from without, Spanish and European Colonial Reception of Philippine Indigenous Craft </text>
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                <text>When the European visitors arrived in the Philippines from the Sixteenth century, they encountered a range of indigenous craft ranging from logboats to plank-built vessels. These boats, especially the plank-built vessels, were built in a very different style to their own. They were particularly interested in the single and double outriggers employed on these craft. The plank-built craft used hand carved strakes rather than sawn timber and were held together by dowels and treenails. The hull strakes were fastened together by the lashed-lug technique or sewn. No metal fastenings were used in the construction. Similar techniques were used throughout Island Southeast Asia. They recognised the maritime skills of the Filipinos and soon used them as crew on their own vessels and as craftsmen to build European-style vessels using local materials. The Spanish noted the suitability of the local vessels in the Philippine environment, due to their speed and ability to cross shallow coral reefs, even though they were largely ineffective in fighting against European vessels. They continued to employ boats built in the local tradition for communications and to suppress maritime raiders from the areas not under colonial control. These vessels continued in this role until replaced by steam vessels in the nineteenth century. This paper will explore the European views on these traditional craft and the way they were utilised and adapted by the Spanish and other Europeans powers.  </text>
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                <text>Roderick Stead, in Van Tilburg, H., Tripati, S., Walker Vadillo, V., Fahy, B., and Kimura, J. (eds.)</text>
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                <text>5/15/2014</text>
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                    <text>An Advocacy Approach on Underwater Heritage in
Indonesia, Case Study:
An auction on underwater heritage from Cirebon waters
in 2010
Jhohannes Marbun1

Abstract
Despite the country’s assertion about its ancient, international history and its diverse culture,
there are many cases in Indonesia where some cultural heritage objects are under the threat of
ignorance of both the people and the government. Various sites and/or artifacts are damaged or
lost due to infrastructure development, or being looted to be sold to some collectors or goes out
to some auction houses abroad. A Bill was issued in 1992 to manage this situation, and recently
(2011) another bill was issued to put a more severe punishment and to put a more relevant
context toward this matter, but so far these seem to be ineffective. No one was ever punished for
any crimes regarding this matter. Based on experience mentioned above, an advocacy for the
law deemed necessary to preserve and protect the nation’s cultural heritage, including its
underwater cultural heritage.
In 2010 treasures were surfaced from a shipwreck on Cirebon waters. The treasure went
to an international auction, committed by the government of Indonesia, and actively monitored by
the media, activists, and the community in general. The government supported looting and
auction could start a through advocacy for preserving and protecting underwater cultural heritage.
Some clues include: prohibition for local fishermen to come near the area, permissions improperly
issued for international divers around the shipwreck, a Presidential Decree issued against a
higher law (Act No. 5 Year 1992 on Cultural Heritage), and the auction itself which disrespects
the artifacts status as a cultural heritage.
This experience can become a precedent for advocating a better policy and enforcement
toward preserving and protecting underwater cultural heritage, particularly in Indonesia.

Keywords: advocacy, Indonesia, preservation and protection of cultural heritage,
policy.

Introduction
Advocacy is a way or a systematic and organized strategy to influence and push
the gradual changes in public policy-forward involving a variety of strategies
including lobbying, campaigns, creating coalitions, creating pressures through
mass action, as well as research (Insist Pers 2002). Various strategies and forms
of advocacy have been conducted as part of efforts to strengthen the bargaining
position of advocate side in their effort to make a deal with regulators so that the
policies resulted have sense of justice. Advocacy is also an effort to defend
parties who are harmed by authorities so that a proper balance and fairness in
society can be reached. Advocacy approach is very useful in order to encourage
a policy that is oriented to the preservation of cultural heritage, as well as a
vehicle for public awareness at the community level. This is an important thing to
1

The Coordinator of Society for Cultural Heritage Advocacy, (MADYA, Masyarakat Advokasi
Warisan Budaya), joe_marbun@yahoo.com

�do as the complexity of preservation of cultural heritage management issues in
Indonesia are either with underwater cultural heritage (UCH) or cultural heritage
in general and involve stakeholders such as government, business/private
sector, and society.
Masyarakat Advokasi Warisan Budaya (MADYA) had started to implement
an advocacy approach by conducting the first public discussion with the theme,
"Pannas BMKT: Solution or Euphoria?" It was conducted at the Centre for Asia
Pacific Studies of Universitas Gadjah Mada in Yogyakarta on September 12th,
2009. The discussion and results were published by local newspapers and via
online media (Ulum 2009). Coverage through the online media was very effective
to consolidate the ideas or concepts of the campaign of UCH preservation. This
had become one of the triggers encouraging other communities to conduct
similar advocacy such as the Consortium for Rescuing National Assets (KPAB,
Konsorsium Penyelamat Aset bangsa) has implemented the concepts by trying
to reveal illegal cases that have surfaced on the UCH in Ujung Pamanukan West
Java, as will be described below.

The Potentials of UCH in Indonesia
Geographical location of Indonesia which is located between two continents, Asia
and Australia, and two oceans, the Pacific and Indian oceans, has put this
country into a main traffic of international trade since ancient times until the
present time. As most of its territory are waters, there has been a lot of
shipwrecks containing valuable goods in Indonesian waters; they are valuable
not only for Indonesian history but also for world history as well. They are
important as a clue for reconstructing maritime inter-connection, international
relations, migrations, and globalizations in past time. Besides that, they also have
high economic value due to their nature as trade and diplomatic goods of the
past. According to the Ministry of Ocean and Fisheries, there are roughly 700800 potential shipwrecks located in Indonesia, 463 locations are positively
identified. Below is the list of the number and locations of shipwrecks in
Indonesia:
Table 1. The Location of Shipwreck Treasure in Indonesia (Maritime Affairs and
Fisheries Research Department, Ministry of Maritime Affairs and Fisheries of
Republic of Indonesia)
Amount of
ID
Territorial/Location
shipwrecks at
No.
Location
1.
Bangka Strait
7
2.
Belitung
9
3.
Gaspar Strait, South Sumatera
5
4.
Karimata Strait
3
5.
Riau Waters
17
6.
Malaka Strait
37
7.
Seribu Archipelago
18

�8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.

Perairan Jawa Tengah Waters
Karimun Jawa, Jepara
Madura Strait
NTB/NTT
Port of Ratu
Makasar Strait
Cilacap Waters, Central Java
Arafuru Waters, Maluku
Ambon Waters, Buru
Halmahera Waters, Tidore
Morotai Waters
Bay of Tomini, North Sulawesi
Irian Jaya
Enggano Archipelago
Total

9
14
5
8
134
8
51
57
13
16
7
3
31
11
463

The origins of shipwrecks in Indonesia waters are varied. These
shipwrecks generally were coming from China, Asian countries and European
countries such as the Dutch Verenigde Oost-Indische Compagnie (VOC),
England, France and Spain. These ships were sunk near the main route of trade
or harbor at that time. Some of them carried valuable goods such as various
types of ceramics, coins, statues and figurines, gold, silver, gems, diamond, and
Other objects such as merchandise or for a gift of special items. They are
artifacts with high economic value which attracts both domestic and foreign
looters. There are some shipwrecks, however, that their economic values are low
or have no economic values but contain great values for science due to the
historical information they encapsulate. For archaeologists such shipwrecks are
important but they are not too important for the treasure hunters.

Treasure Hunt: Indonesian Problems
Based on data from Kompas Information Center cited by Yurnaldi (2010) in his
article Bermitra dengan Media Massa untuk Sosialisasikan Warisan Budaya
Bawah Air it is known that illegal hunting of UCH in Indonesia has existed at least
since 1965. The first article by Kompas about this problem titled Pemburu Harta
Karun was published on August 24th 1965. Five months later Kompas published
again about this problem in an article titled Harta Karun Terpendam di Dasar
Lautan.
The next period of illegalities that surfaced concerning shipwreck treasure
in Indonesia was in 1985. In that year Michael Hatcher, an Australian and
international salvage diver, conducted an illegal removal in Karang Heloputan,
Riau Islands and reaped huge benefit. Hatcher continued his action on early
January 2001 in Ternate-Tidore waters collaborating with PT Tuban Oceanic
Research and Recovery. On October 2004, PT Marindo Alam Internusa (MAI)
requested survey permission for legally surfaced objects to be sent to the
National Committee for the Salvage and Utilization of Valuable Objects from

�Sunken Ships (PANNAS BMKT, Panitia Nasional Pengangkatan dan
Pemanfaatan Barang Asal Muatan Kapal yang Tenggelam). In the letter the
name of Michael Hatcher was written as the leader of the survey, attached with
his working document. However, when PANNAS BMKT rechecked the document
it was full of tricky (Marbun 2009: 2).

Consolidating for Advocacy
On April 20, 2010 the Consortium for Rescuing National Assets (KPAB,
Konsorsium Penyelamat Aset Bangsa), conducted a limited meeting, a Focus
Group Discussion, in Jakarta to analyze the problems and to plan an advocacy
action to the illegal activities involving foreign parties, especially Hatcher cases.
Based on their reports and data KPAB convicted Hatcher and his syndicate to
have committed violations of law in Indonesian waters, especially for their
activities in Java Sea waters.
The legal basis KPAB used was Presidential Decree of Republic of
Indonesia number 19 Year 2007; in conjunction with (Juncto) Presidential Decree
of Republic of Indonesia number 12 Year 2009 about the National Committee for
the Salvage and Utilization of Valuable Objects from Sunken Ships. In article 2
paragraph (1) of the Presidential Decree of Republic of Indonesia number 12
Year 2009, it is described that, “BMKT is an object owned by Republic of
Indonesia and managed by the government”. It means that all BMKT wealth is
controlled by the state and administered by the government so that all activities
of private/business entities that do not obtain permission from the government
are unlawful (illegal).
The KPAB noted some illegal activities by Hatcher in Indonesian waters,
as follow:
 The surfaced artifacts on 1986 of VOC shipwreck Vec De Geldermalsen
(sunk around 1751), in Bintan Timur waters, Riau Islands Province,. The
value is at United States of America (US) $ 15,000,000 and the historical
values lost because of the illegal removal are invaluable. The artifacts
surfaced were 100 bars of gold and 20,000 ceramics of Ming and Ch’ing
dynasties. It was published in a book titled The Nangking Kargo (1987).
 The surfaced artifacts in Tek Sing shipwreck in Bangka Islands waters, South
Sumatera in 1999 with value at Indonesian Rupiah (Rp) 500,000,000,000 and
cultural value which is invaluable. Hatcher collaborated with PT Pratama
Cakrawala Dirga in doing the illegal activity. The Indonesian government
found out about the looting after 43 containers of artifacts surfaced from Tek
Sing Ship had arrived in Australia. The information delivered from the
customs and excise institution of Australia in 2000 before the valuable things
were brought to the auction in Germany (the interview with Bambang Budi
Utomo: 2009; see also KPAB: 2010).
 From November 2008 to June 2009 it was believed that Hatcher came back
to Indonesia and did illegal activity. On June 2009 he published the Catalog of
Investment Opportunity Document of Ming Dynasty Porcelain and BMKT CD
to international public with sample of porcelain surfaced by him from the
shipwreck in North Cirebon waters, Blanakan, Subang regency, West Java.

�His activities were illegal because he had not obtained a work permit as a
surveyor/researcher recommended by Indonesian Institute of Science (LIPI,
Lembaga Ilmu Pengetahuan Indonesia). On the other hand, survey
permission of UCH Removal issued by the PANNAS BMKT was just on
August 11, 2009 with No. B.435/MEN-KP/VII/2009, while the surfaced
permission was on November 25, 2009 with No. B.666/MEN-KP/XI/2009. The
permission was given to PT Comexindo Usaha Mandiri.
Hatcher activities had been detected by PANNAS BMKT. The indication
came from a letter of PANNAS BMKT secretary II on February 5 th, 2010, and
letter from main military station of Indonesian navy III in Cirebon on March 22 nd,
2010 delivered to chairman of PANNAS BMKT.

Figure 1. Hatcher dive to do a survey and held UCH
in Bintan Timur Waters, Riau Islands Province on 2002
(resources: MADYA)

The Performance of PANNAS BMKT
The National Committee for the Salvage and Utilization of Valuable Objects from
Sunken Ships (PANNAS BMKT) was established on August 14 th, 1989 based on
Presidential Decree of Republic of Indonesia No. 43 Year 1989 as a response to
illegal surfaced activities of Underwater Heritage done by Hatcher in 1985 in Riau
waters. The Indonesian government seemed to realize that shipwrecks and the
valuable goods spread in Indonesian waters are valuable state assets needed to
be managed as well so that they can be beneficial to Indonesia.
However, there are some problems faced by PANNAS BMKT in managing
the Indonesian Underwater Heritage. Some of these are:
 In the tender system the third party has an interest to obtain maximum profit
from the sale of UCH objects. On the other hand, the government, especially
the Ministry of Culture and Tourism, also has interests to save the objects of

�high historical, scientific and cultural values. Another stakeholder is Local
Government. With Act No. 32 Year 2004 they have the rights to receive
distribution of profits from the auction of UCH objects from their territory (as is
the case in Cirebon from 2004 to 2005). Conflict can occur between
employers and government because every object containing very high
historical value would be valued very expensive. Expensive prices are
expected by employers but on the other side it should not be sold because of
the high historical value.
 Conflicts of interest in PANNAS BMKT relate to the utilization of UCH. There
are interests of making the UCH objects an economic commodity. On the
other hand there are interests of preserving the historical and cultural values.
These problems affect the decision to ratify the United Nations Educational,
Scientific and Cultural Organization (UNESCO) 2001 Convention on the
Protection of the Underwater Cultural Heritage (2001 Convention). The rise of
illegal treasure hunt in Indonesian waters shows that the government still has
no good intentions in preserving the cultural heritage. One of the examples
was the government planning to auction the UCH objects surfaced from
Cirebon waters on May 2010. Public had opposed the auction and the results
was that no one was ant longer interested to buy the objects. After the failure
of the auction, there has been no official statement from the government
related to the steps to be taken.
 The committee of PANNAS BMKT has become a prosperous arena for
corruption and manipulative activity with the presence of law enforcement
officers such as police, army and prosecutors. The law enforcement agencies
should remain neutral in the management of State assets. They have an
obligation, whether requested or not, to oversee and secure any unlawful
action.
In regards to public demands to arrest Michael Hatcher and bring him to
court, the Police of the Republic of Indonesia did just block him. Communities are
looking forward to decisive action the Government to end the international mafia
adventure treasure hunter. In addition, the government can conduct real steps to
manage the underwater cultural heritage so that it can be useful for science and
public welfare.

Paradigm of UCH Utilization
From problems described above the following can be concluded about the
condition of underwater cultural heritage preservation in Indonesia:
 Government lacks attention on underwater heritage
 Handling of law violations tend to not complete
 Coordination of inter-institutions is not yet solid
 Law enforcement is not optimal and now more complex because it must deal
with the conventions and international laws
 Surfaced UCH objects can not simultaniously benefit financially as well as for
culture.

�In the context of the nation’s wealth, the utilization of underwater heritage
to cultural and economic interests cannot be separated. The utilization merely for
economic interest without concerns towards cultural interests are an action with
narrow paradigms that are focused on short economic benefit and not for the
future generations (Arif Budiman pers. comm. 2010).
One of achievements and great works of archaeological institutions in the
protection and preservation of cultural heritage is the preservation of Borobudur
Temple. It is one of the seven wonders of the world and is still an endless benefit
to science, history, culture and economy for Indonesian people and world
community. Many communities such as hawkers, food stalls, hotel
entrepreneurs, taxi drivers and others benefit from the tourism around the
Temple. This historic site is even one of the big foreign exchange producers. It
also occurs at underwater archaeological sites such as Tulamben site in Bali
where the Liberty ship belonging to the US Navy from World War II sunk. This
site has attracted many tourists. This situation can be perceived by anyone and
can continue to impact future generations.
Decree of President of Republic of Indonesia Number 19 Year 2007 in
conjunction with Decree of President of Republic of Indonesia Number 12 Year
2009 has become a reference for the PANNAS BMKT to perform legal acts of
UCH management, as opposed to Act No. 5 Year 1992 on Heritage objects
which it is hoped can be terminated immediately. The birth of Act No. 11 Year
2010 on Cultural Heritage to replace the Act No. 5 Year 1992 is hoped to
become a bridge in managing the nation’s cultural heritage, including underwater
heritage.

Conclusion
Public policy advocacy in the cultural sector is expected to encourage the
participation of communities to preserve cultural heritage and encourage
governments to be more transparent and able to act as facilitators in the nation’s
cultural heritage preservation. In the future, UCH may be managed properly by a
professional and independent institution. Especially for the management of UCH
there are some things to note:
 Research and disclosure of evidence of the Underwater Heritage/Shipwreck
need to be conducted intensively so that it can be added to efforts in the
development of understanding of history, science, and culture as well as the
development, preservation, and utilization to advance the national culture for
people`s prosperity. The management should not solely be exploited by
economic interest. Economic interests that are too big in the management of
cultural heritage has proven to be highly detrimental to the public. The
motivation to do the treasure theft or illegal cooperation became more and
more increasing. It is not a positive impact for improving the welfare of
society.
 In managing and utilizing cultural heritage, it should be based on legal norms,
socio-cultural conditions, global development and international law. The birth
of Act No. 11 Year 2010 on Cultural Heritage is a hopeful solution and

�

encourages the good will of stakeholders to protect the nation’s wealth.
Economic utilization of cultural heritage should not be narrowly conceived as
it can sacrifice the cultural and historical values. The management of
Borobudur Temple or Underwater Site in Tulamben can be positive lessons in
the nation’s cultural heritage preservation.
It is important to strengthen the capacity of each stakeholder, whether they
are government, private sector, and enthusiasts societies of cultural heritage
preservation.

Bibliography
Insist Pers.,
2002
Kuswardono A.A.,
Edy, C., Indra, D.,
2009

Marbun, J.,
2009

Nn,
2006
Pannas BMKT
Publishing
2008
1992
2010
2007

2009

Ulum, M.,
2009
Yurnaldi.,
2010

Memecah Ketakutan Menjadi Kekuatan: Kisah-kisah
Advokasi di Indonesia, Insist Pers, Yogyakarta.
“Hatcher dan Becking Maut”, in Tempo Magazine No.
43/XXXIII, December 20th 2004, viewed 10 September
2009.
(http://majalah.tempointeraktif.com/id/arsip/2004/12/20/
NAS/mbm.20041220.NAS95244.id.html)
“Pannas BMKT : Solusi Atau Sekedar Euforia?
(Sekelumit catatan tentang BMKT)”, in On Public
Discussion, 22 September, PSAP UGM, Yogyakarta,
Tidak terbit.
“Harta Karun Di Laut Indonesia”, in Inovasi online,
Vol.6, XVIII, Maret.
Laporan Tahunan 2008 Pengelolaan Benda Berharga
Asal Muatan Kapal Yang Tenggelam, Panitia Nasional
BMKT, Jakarta.
Act No. 5 Year 1992 on Cultural Heritage
Act No. 11 Year 2010 on Cultural Heritage
Presidential Decree of Republic of Indonesia number
19 Year 2007 about the National Committee for the
Salvage and Utilization of Valuable Objects from
Sunken Ships
Presidential Decree of Republic of Indonesia number
12 Year 2009 about change to the Decree of Republic
of Indonesia number 19 Year 2007 about the National
Committee for the Salvage and Utilization of Valuable
Objects from Sunken Ships.
“Benda Cagar Budaya Bawah Laut Tak Terjaga:
Pencurian Harta Karun Marak”, in Harian Jogja, 14
September, Yogyakarta.
Bermitra dengan Media Massa untuk Sosialisasikan
Warisan Budaya Bawah Air, viewed 28 August 2011
(http://sejarah.kompasiana.com/2010/09/20/warisanbudaya-bawah-air/)

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Empowerment and relevance in maritime and underwater cultural heritage programs in developing countries</text>
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                <text>Despite the countryâ€™s assertion about its ancient, international history and its diverse culture, there are many cases in Indonesia where some cultural heritage objects are under the threat of ignorance of both the people and the government. Various sites and/or artifacts are damaged or lost due to infrastructure development, or being looted to be sold to some collectors or goes out to some auction houses abroad. A Bill was issued in 1992 to manage this situation, and recently (2011) another bill was issued to put a more severe punishment and to put a more relevant context toward this matter, but so far these seem to be ineffective. No one was ever punished for any crimes regarding this matter. Based on experience mentioned above, an advocacy for the law deemed necessary to preserve and protect the nationâ€™s cultural heritage, including its underwater cultural heritage. &#13;
&#13;
In 2010 treasures were surfaced from a shipwreck on Cirebon waters. The treasure went to an international auction, committed by the government of Indonesia, and actively monitored by the media, activists, and the community in general. The government supported looting and auction could start a through advocacy for preserving and protecting underwater cultural heritage. Some clues include: prohibition for local fishermen to come near the area, permissions improperly issued for international divers around the shipwreck, a Presidential Decree issued against a higher law (Act No. 5 Year 1992 on Cultural Heritage), and the auction itself which disrespects the artifacts status as a cultural heritage. &#13;
&#13;
This experience can become a precedent for advocating a better policy and enforcement toward preserving and protecting underwater cultural heritage, particularly in Indonesia.&#13;
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                    <text>An Equitable International Legal Framework:
The Grotian Heritage
Kim Browne1

Abstract
The conservation of underwater cultural heritage (UCH) requires not only an understanding of
the physical environment in which an object is located but also its legal environment needs to
be considered. For example, what is the legal position with regard to claims on submerged
wrecks and what are the guiding philosophical principles underpinning modern international
sea law and UCH law? The doctrine of ‘freedom of the seas’, encompassing the natural law
principles of consensus, equality, equity, reason and fairness, was advocated by the Dutch
th
jurist, Hugo Grotius, at the beginning of the 17 century. During this period, Europe was
plagued by war and religious schisms as well as economic division arising from the rivalry
between dominant maritime powers for the right to establish exclusive overseas trading
empires in East Asia and the Americas. The volatile economic and political environments,
along with the collapse of the Holy Roman Empire hegemony, created the need for rules of
conduct between a large international community. The scholarly debates of the 17th century,
often referred to as the ‘battle of the books’, provided a wealth of jurisprudence on
international law, including settling ocean governance in favour of an ‘open sea’ policy as
opposed to a ‘closed sea’ policy in respect to trade and navigation. Grotius’ writings on
‘consensus’ and the ‘social interdependence’ of nations are relevant in the 21st century as his
writings expound the modern idea of State2 ‘cooperation’ whilst advocating navigational
freedom. In promoting cooperation among States, the Grotian doctrine represents an
effective means to combat transnational crime and commercial exploitation of underwater
cultural resources. This paper concludes that the writings of Grotius on ‘consensus’ in
decision making and interdependence of States are of increasing relevance, given that the
global community is entering a period when questions are being raised over the role of
international law concerning the conservation of UCH and the philosophical frameworks
which shape ocean governance polices.

The soul of the past is in deep water
Phillipe Diole.

Introduction
The preservation of a shipwreck in situ is dependent upon the physical
environment in which the wreck is located. A wreck which lies exposed on the
seabed is affected by physical factors such as water currents, the chemical
composition of surrounding water, the water’s oxygen content and
temperature levels as well as microorganisms within the water. Apart from the
physical environment, the legal environment in which a wreck is located is just
as important for site preservation. In other words, apart from considering how
best to protect a wreck from natural threats, one needs to consider how to
protect the wreck from direct human impact, such as looting and commercial
salvage, together with indirect interference arising from human activities
including marine scientific research, deep seabed mining and marine genetic

1

BA, LLB, MA, LLM, MBus; Solicitor of the Supreme Court of the Australian Capital Territory;
PhD Candidate, Faculty of Law, University of Canberra, Australia; Lecturer in Law, School of
Humanities and Social Sciences, Charles Sturt University, Australia.
2
The word ‘State’ is used to denote an international entity such as Australia or the United
States.

�bioprospecting3. The legal environment in which the wreck is located will
determine a State’s ability to safeguard the site from both legal and illegal
human activities. Therefore, knowledge is required of the governing
international legal framework (international law) and jurisdictional issues, in
particular, the maritime zones established under the 1982 United Nations
Convention on the Law of the Sea (UNCLOS III) and related treaties such as
the United Nations Educational, Scientific and Cultural Organisation
(UNESCO) 2001 Convention on the Protection of Underwater Cultural
Heritage (UNCPUCH). The UNCLOS III partitions the ocean into various legal
environments, otherwise known as maritime zones. These zones are
measured in distance from the coastal State’s shoreline. Depending on
whether or not the wreck is located beyond national jurisdiction, its location
will affect not only a State’s ability to legally protect the site from traditional
threats, such as commercial salvage and criminal looting, but the distance
from the shore will also determine the legal mechanisms that a coastal State
is obliged to adhere too. Apart from formal treaties, another source of
international law is customary international law. Under this law, provisions of
treaties may become binding upon States not party to an agreement if there is
evidence that a State has acquiesced to the legal rule. Furthermore, the
juridical debates of the 16th and 17th centuries are paramount to ocean
management together with the protection of UCH. Importantly, these debates
continue to shape modern ocean customs, laws and State practices.
Furthermore, the philosophy underpinning ocean governance policies can
strengthen or weaken the existing legal framework, firstly by influencing the
provisions in formal treaties, and secondly, by shaping customary state
practices, thereby contributing to the growth of customary international law –
this, in turn, can be used to supplement international treaties.
UNCLOS III has been described as the ‘constitution of the ocean’4. It
creates maritime zones in which differing rights and obligations exist in
respect to living resources and non-living resources of the ocean. The
purpose of the maritime zones is to define rights and obligations of coastal
States, prescribe law making and law enforcement powers of coastal States
over foreign vessels and nationals, define rights of foreign States, and define
the rights of the international community. Under UNCLOS III, there are three
categories of maritime zones: (i) zones under sovereignty of States; (ii) zones
under sovereign ‘rights’ of States; and (iii), zones not subject to sovereignty or
sovereign ‘rights’ of States. The first category includes the Internal Waters,
Archipelagic Waters and the Territorial Sea (including the buffer zone, known
3

‘Bioprospecting’ ‘involves collecting samples of marine species from the ocean and
screening them for properties that may be of commercial value’ (Mossop 2007:286). As
Louise Angelique de La Fayette (2009:228) states: ‘while there is no official definition, this
contraction of ‘biological’ and ‘prospecting’ is generally understood as the scientific
investigation of living organisms for commercially valuable genetic and bio-chemical
resources’. Leary (2007:158-163) outlines the emergence of the biotechnology industry and
the unique genetic and chemical properties of specific marine organisms and bacteria
associated with hydrothermal vents. Mossop (2007:285) explains that scientists are interested
in researching organisms in the deepest parts of the ocean due to their ability to survive
extreme conditions and live from chemosynthesis (i.e. create food from chemicals rather than
light). Also, see Beslier (2009:335) and Warner (2007:411) for an outline of the use of
resulting patents.
4
Shingleton 1983:34.

�as the Contiguous Zone). The Exclusive Economic Zone (EEZ) and the
Continental Shelf fall within the second category, whilst the High Seas and the
Area (deep seabed) fall within the remaining category. In respect to UCH,
UNCLOS III failed to stipulate how States should protect UCH beyond their
contiguous zone, apart from declaring that all States had a legal obligation to
cooperate5. The UNCPUCH adopts the maritime zones created by UNCLOS
III and builds upon the UNCLOS III foundational norm of State cooperation in
maritime affairs. The UNCPUCH successfully employs the mechanism of
‘State cooperation’ to overcome jurisdictional problems arising from the lack of
sovereignty or sovereign rights within specific maritime zones, hence, an
understanding of the law of the sea is necessary.

Ocean Stakeholders
As Robin Churchill and Vaughan Lowe (1999:3) claim, ‘the development of
the law of the sea is inseparable from the development of international law in
general’. In fact, the law of the sea is one of the oldest components of
international law, given that nations have been relying on the ocean for
resources, transport, trade and commerce for centuries. Humankind’s reliance
upon the sea is evident in ancient texts and writings by Greek and Roman
historians, ancient laws from kingdoms spanning the Mediterranean, ancient
mosaics from Roman villas, and tomb paintings in Egypt6. Whether text
based, such as the Rhodesian Maritime Law or the Justinian Institutes, or
physical objects, such as Egyptian tomb paintings or figurine carvings,
archaeological excavations demonstrate the existence of ships, seafarers,
maritime traders and pirates very early in the history of ancient civilisations.
As McGrail (2003:2) points out, there were ‘sailors before farmers and
navigators before megalith designers’. Even in Neolithic times, archaeological
evidence from campsites and caves located near protective bays and
harbours indicate that groups of humans lived together and relied daily upon
5

UNCLOS III Article 303(1).
See Lavery (2010:17-18) for photos and illustrations (i.e. a painted Athenian vase depicting
the Greek hero, Heracles, traveling in a river craft and Athenian coins commemorating the
th
Greek victory in the Battle of Salamis, 480BC. Also, 18 century tomb reliefs from Thebes, in
Egypt, often depict the deceased and family hunting or ‘fowling’ on a papyrus-reed raft on the
Nile Delta (Lavery 2010:11). Evidence of ancient maritime laws include: The Code of
Hammurabi (about 2200 BC) which contains rules regarding collisions at sea and the
requirement for compensation of the injured party (rule 240); the ancient Rhodesian Maritime
Law and the Law of Salvage which were inherited by the Romans; (Lobingier 1935). A
passage in Polybius’ Histories makes reference to a treaty concluded between Carthage and
Rome in 509-508BC in which the Historian states: ‘The Romans and their allies not to sail
with long ships beyond the Fair Promontory unless forced by storm or by enemies: it is
forbidden to anyone carried beyond it by force to buy or carry away anything beyond what is
required for the repair of his ship or for sacrifice, and he must depart within five days
nd
(Polybius Book III, 22). Also, the text of the jurist, Marcianus, (2 century AD), preserved in
the Digest of Justinian, refers to the sea and its products (fish) being common property for all
(Fenn 1925:716). For historical accounts referring to trade, fishing and/or piracy, see the
Homeric tales and voyages which highlight the Mycenaean sea power and might. See also
the writings of Thucydides; the Historian states: ‘But after Minos had organised a navy, sea
communications improved; he sent colonies to most of the islands and forced out the
notorious pirates’ (Book I:8). Pliny writing in the 1st century AD states: ‘that cohorts of archers
were carried on boats engaged in trade as protection against pirates’ (Natural History, VI, 23).
6

�the ocean for food and for their spiritual beliefs7. As the sea covers
approximately 70% of land mass and holds natural resources such as fish
stocks, minerals and oil, as well as being a highway for commerce and trade
between nations, some form of rules governing the relationship of ocean
users needed to evolve from very early on in history. Human ability to harness
the sea’s resources for economic gain increased over the centuries, to the
point where nations today are undertaking off-shore drilling for oil and
dredging of the seabed for magnesium nodules; sophisticated rules, such as
international treaties, have had to evolve as society’s use of the sea became
more advanced. As the numbers of ocean stakeholders and interest groups
increased, a central concern for contemporary ocean governance is State
cooperation8. The need for nations to reach consensus upon diverse matters
rising out of the varied uses of the world’s oceans is a growing concern for
international sea law as evident in the increasing number of ocean
regulations9. In responding to these increasing challenges, international law
must continue to develop regulatory frameworks that are equitable and are
based upon consensus between ocean users, rather than dictated by powerimbalances and exploitative political agendas. The need for an equitable
international framework governed by consensus among nations (cooperation)
is vital in safeguarding UCH in waters beyond national jurisdiction. Apart from
dealing with issues of conservation and protection of the ocean and its natural
resources, international sea law must also devise regulatory rules for
commercial activities undertaken in international waters such as deep seabed
mining and marine genetic bioprospecting. In order to secure consensus
among the international community of States, the formulated rules must divide
natural resources fairly and equitably among all nations. A further problem for
drafters of modern international sea law is the potential for conflict between
ocean stakeholders in comparison to earlier times. The lure of lucrative
patents and intellectual property rights based upon discovered organisms in
the depths of the oceans have the potential to create tension between
different stakeholders. In respect to UCH, there is a potential conflict of
interests between the activity of in situ management of UCH located around
seamounts and ocean vents, and pharmaceutical companies undertaking
genetic bioprospecting.
7

Curry 2006:1535; Johnson 2000:21-22; Galili &amp; Rosen 2010:306.
Morell 1992:10; 23. For example, Morell (1992:10) points out that despite the need to meet
the challenges presented by the increasing number of nations utilising existing ocean rights
and the increasing uses and users of the ocean, international rivalries and long standing
diplomatic practices have been detrimental to progressive ocean policy development.
Rothwell and Stephens (2010:1) refer to a number of emerging challenges such as climate
change, regional management of strategic ocean spaces such as the South China Sea and
bioprospecting to find new pharmaceutical products. Also, Rothwell and Stephens (2010:26)
in discussing matters arising from climate change suggest that it may be necessary for
nations to be prepared to renegotiate on existing treaties and be willing to negotiate new
treaties to reflect the change in the environment.
9
Since 1884 more than 60 treaties have been enacted to cover a vast range of ocean
governance issues ranging from navigation, sailors’ working conditions, and the slave trade,
to more recent agreements pertaining to environmental protection and the protection of
underwater cultural heritage (Elia 2000:43). Smith and Couper ((2003):25) identify three
categories of ocean uses: (i) transport and communications including military and naval
activities; (ii) fishing and resource uses; and (iii) leisure, marine research and education, and
conservation.
8

�Today, the use of the sea continues to increase and a growing number
of stakeholders are competing within the marine environment. Also, with the
increased use of the sea, so the levels of pollution have increased along with
waste disposal and exploitation of natural resources including minerals and
living organisms. Therefore, it is important to understand not only the legal
mechanisms and philosophical principles that the drafters of international sea
law are utilising, but also the origins of specific regulatory tools adopted within
UNCLOS III and the 2001 UNCPUCH. As international law is required to
respond to diverse interests in the ocean as well as promote a more equitable
distribution of natural resources, it is suggested that the writings of the jurist
and philosopher, Huigh de Groot Hugo (Hugo Grotius) (1583-1648) are still
relevant today.

An Equitable International Legal Framework
Hugo Grotius believed that ocean governance should be incorporated under
an equitable international framework of natural law underpinned by ‘mutual
consent’ in decision making by States (State cooperation) based upon the
ideal of ‘equality’ between all States10. It is suggested that a move away from
the Grotian tradition towards that of a closed sea regime or national
enclosure, in which States legally own vast tracks of the ocean and seabed,
has the potential to increase conflicts and discourage State cooperation11.
Grotius’ doctrine of ‘freedom of the sea’ was not designed for the
management of exhaustible natural resources such as living marine
organisms and non-living resources including mineral deposits on the deep
seafloor. Also, Grotius’ doctrine has the potential to create a finder’s keepers
10

th

Hugo Grotius lived through the religious and economic upheavals of Europe during the 17
century and witnessed first-hand the horrors that the power-imbalances between empires and
principalities caused both in terms of destruction of property and loss of life. Hence, Grotius
was aware of the need to create a new world order no longer based on power-imbalances
which existed during the medieval and feudal periods. In respect to ‘consent’, Grotius (1625:
para.16) writes: ‘for the very nature of man, which even if we had no lack of anything would
lead us into the mutual relations of society, is the mother of the law of nature. But the mother
of municipal law is that obligation which arises from mutual consent; and since this obligation
derives its force from the law of nature, nature may be considered, so to say, the greatgrandmother of municipal law’. Grotius (1609: para17) continues: ‘but just as the laws of each
state have in view the advantage of that state, so by mutual consent it has become possible
that certain laws should originate as between all states, or a great many states; and it is
apparent that the laws thus originating had in view the advantage, not of particular states, but
of the great society of states. And this is what is called the law of nations, whenever, we
distinguish that term from the law of nature’.
11
The 1982 UNCLOS III in its creation of the 200 mile Exclusive Economic Zone is a move
towards a closed sea policy (inconsistent with the Grotian heritage). However, Article 87 of
UNCLOS III retains customary freedoms of the high seas such as trade and navigation and
other high seas freedoms. The Convention is an intricate balance between coastal state
sovereignty and sovereignty rights and high sea freedoms such as navigation. Zacher &amp;
McConnell (1990) provide an overview of the three major guiding principles underlying ocean
law from the 17th century to the late 20th century: (i) freedom of the seas; (ii) national
enclosure (zones of economic jurisdiction, or ‘national lakes’); and (iii) common heritage of
mankind. Zacher &amp; McConnell (1990:78) suggest that the Grotian principles of freedom of
navigation predominated over national enclosure from the 17th to the early 20th century.
Despite the rise of national enclosure philosophy and its incorporation into UNCLOS III there
remains issues of inequalities with the doctrine (Zacher and McConnell 1990:91,95 &amp; 97).

�mentality in respect to UCH. However, provided that a narrow interpretation is
given to the doctrine of ‘freedom of the seas’, including defining the doctrine’s
parameters to the twin purposes of navigation and trade, the argument for an
‘open sea’ is persuasive. Apart from Grotius’ advocacy for freedom of
navigation on the high seas, he was committed to the idea of the
interdependence of States concerning trade and security matters together
with territorial sovereignty and the legal equality of States12 - all of these
concepts remain relevant today in the 21st century. The advantage of having
an equitable international legal framework based upon ideals of justice, legal
equality, and consensus in decision making between all States, is that it
assists to counter State sovereignty and potential power imbalances. That is,
an equitable international legal framework assists to prevent the development
of an isolationist approach towards ocean governance, and furthermore, it
affords a means to hold in check rogue States which may challenge formal
international agreements by arguing legal loopholes13.
Hugo Grotius is credited with being the founder of the ‘science’ of
international law14. The ‘Grotian tradition’ refers to Hugo Grotius’ idea of a
‘society of States’15. He envisioned a ‘society of States’ bound by law and
existing on an equal footing to how humans existed under the law of nature16.
His starting point was with the Law of Nature (or the dictate of right reason).
Within the framework of natural law, Grotius devised principles such as legal
equality, territorial sovereignty, and the doctrine of interdependence of
States17 which are all current key components of contemporary international
law. Grotius highlights the political and economic power imbalances of the
period and blames the exploitation of politically weak nations by powerful
rulers of hegemonic empires as contributing to religious and civil unrest of the
period. Grotius argues, that in nature there are no power imbalances, and
hence, the exploitative practice of Spain and Portugal in monopolising trade in
the ‘New World’ by restricting navigational rights was against the law of
nature.

Freedom of the Seas
Why did Grotius desire to promote the freedom of the sea? The answer lies in
the historical events of the preceding century. In 1492 Christopher Columbus
discovered the Americas on behalf of Spain. This led to claims and counterclaims over colonies which ultimately fuelled conflict between the two leading
12

See generally Grotius’ writings on ‘The Freedom of the Seas’ and ‘Law of War and Peace’.
See also Hershey 1912:32.
13
For example, as technology advances and treaties become dated there is the potential for
legal loopholes to arise from technical interpretations of definitional clauses contained within
treaties. For example, is marine genetic bioprospecting the same has marine research? The
UNCLOS III failed to consider the issue of marine genetic bioprospecting, however, it does
provide a regulatory system for marine research (Warner 2008:412).
14
Hershey 1912:30.
15
Christov 2005:564.
16
Christove 2005:564 states: ‘it is in Grotius’ commitment to the idea of a society of states
that lies the distinguishing mark of what has been duly termed the “Grotian tradition”’. See
also Grotius (1609: Preface, pp.1-2) ‘[God] had not separated human beings, as He had the
rest of living things, into different species and various divisions, but had willed them to be one
race and to be known by one name….He had drawn up certain laws….these law were binding
on great and small alike…..’
17
Hershey 1912:32.

�maritime powers of the day, Spain and Portugal. These two nations
approached Pope Alexander VI to make a ruling on ownership of discovered
territories. In 1493 Pope Alexander drew a demarcation line to define the
sphere of Spanish and Portuguese possessions in the New World - the line
was 483 km west of Azores and Cape Verde Islands. The decision was
enacted in the 1494 Treaty of Tordesillas18. As Fulton (1911:5) notes, ‘it was
those preposterous pretensions to the dominion of the immense waters of the
globe that caused the great juridical controversies regarding mare clausum
and mare liberum, from which modern international law took its rise’. These
juridical debates are known as the ‘battle of the books’19.
Mare Liberum’s purpose is to secure free trade between States and to
counter arguments of a ‘closed sea’ in terms of trade and navigation.
However, due to social and political conditions, including the rise of colonial
empires, a wider interpretation has often been applied to Grotius’ concept of
‘freedom of the sea’. This doctrine is not a general theory of ‘freedom of the
seas’, but one confined to freedom of navigation and trade. The doctrine
emerged as a response to the Church of Rome’s partitioning of the oceans
between Spain and Portugal. Therefore, it would be a fallacy to view the
doctrine as promoting a ‘free for all approach’ to ocean governance. If the
doctrine of Mare Liberum is read in conjunction with Grotius’ commitment for
an international ‘community of States’, in which all states are bound by the law
of nations, as opposed to hegemonic rule, then the twin principles of trade and
navigation emerge. For Grotius, the ocean is viewed as representing a
highway between independent sovereign States and any efforts to restrict
access to the ‘highway’, such as the attempt by Pope Alexander in 1492 to
divide the world between Spain and Portugal, was an affront to natural law20.
Grotius, in his argument against enclosure of the world’s ocean, draws a
distinction between the regime of the ‘open sea’ and the sea under national
jurisdiction. Clearly, the doctrine is not advocating open ended freedom of the
seas which could be perceived today as being counterproductive to ocean
governance, especially in respect to fisheries and enforcing the protection of
UCH. In order to establish the principle of freedom of trade, Grotius
recognises a principle which he relates to Roman law, that the sea is for use
by all. Grotius argues that neither the sea itself, nor the right of navigation, can
become the exclusive possession of a State. Grotius (1609:7) declares, ‘every
nation is free to travel to every other nation, and to trade with it’. That is, by
the law of nature, the sea is res communis, meaning the common property of
all and not subject to unilateral appropriation. In putting forward an open sea
policy in respect to commerce, Grotius is advocating the contemporary idea of
18

The Treaty of Tordesillas increased Portugal’s rights in the area which is now modern
Brazil. However, opposition soon arose from other states. For example, Sir William Cecil
(later Lord Burleigh) the Elizabethan statesman, told the Spanish Ambassador to England in
1562 that 'the Pope had no right to partition the world and to give and take kingdoms to
whomsoever he pleased' (Williams, 1970:72). For a detailed historical account see Morell
1992:186-188; Steinberg 1999:255; Williams, 1970:72; Zacher &amp; McConnell 1990:76-77).
19
Rothwell 2010: 3; see generally Vieira (2003) for an outline of the literary exchanges
pertaining to sea policy of the period.
20
Grotius (1609: VI, 46) states: ‘it is a fact universally recognised that the Pope has no
authority to commit acts repugnant to the law of nature. But it is repugnant to the law of
nature, as we have already proved beyond a doubt, for anyone to have as his own private
property either the sea or its use’.

�State equality. Furthermore, in his remarks pertaining to nations having a right
to freely trade with one another, there is evidence of the contemporary idea of
interdependence of nations21. Of particular interest is Grotius’ sanctioning of
the practice of nations forming binding agreements in order to protect or
secure jurisdiction22. Furthermore, his writings sanction a number of
international dispute resolution methods which are still used today including
court judgments, damages and discussions (negotiations)23.

State Cooperation
Under UNCLOS III and the UNCPUCH, States are obliged to ‘cooperate’. The
mechanism of State cooperation, contained in Article 2 of the UNCPUCH and
the UNCPUCH’s foundational norm itself, can be traced to Article 303(1) of
UNCLOS. Arguably, Article 303(1) can trace its origins to the ideas promoted
by Grotius some four centuries earlier with his advocacy of consensus in
decision making between nations and the concept of ‘territorial sovereignty’. If
States are deemed to be equal under the law, plus possess territorial
sovereignty, then, the only way to legally change the status quo is through
‘consensus’ in decision making (i.e. State cooperation). Although
contemporary international law expressly advocates the legal mechanism of
‘State cooperation’ (the obligation to cooperate) together with the principle of
‘equality’ between States in respect to the ‘resources’ of the ‘Area’, there is
also, under the UNCLOS III, a move towards a partitioned or closed sea. The
UNCLOS III grants increased sovereignty rights to coastal States through the
creation of the 200 nautical mile EEZ whilst allowing coastal States sovereign
rights over their continental shelf, however, the UNCLOS III has also
maintained the traditional Grotian freedoms of the high seas. In addition, the
UNCLOS III has provided for a more equitable distribution of wealth resulting
from seabed exploration in the ‘Area’. The advantage of an open sea policy
based upon natural law principles of equality between nations and consensus
in decision making between all States, as opposed to a closed sea policy, is
that it promotes State ‘cooperation’ separate to the existence of any ‘positive’
law stipulating the obligation to ‘cooperate’.

Conclusion
In conclusion, the conservation of UCH requires not only an understanding of
the physical environment in which an object is located but also its legal
environment needs to be ascertained. The legal environment includes formal
21

‘there is no State so powerful that it may not some time need the help of others outside
itself, either for purpose of trade, or even to ward off the forces of many foreign nations united
against it’ (Grotius:1625: 22). A modern example of an international declaration illustrating the
idea of the inter-dependence of States is the 1974 Declaration on the Establishment of a New
International Economic Order. The preamble declares: ‘based on equity, sovereign equality,
inter-dependence, common interest and cooperation among all States’……It is important to
note that one of the aims of UNCLOS is the implementation of the New Economic Order.
22
Grotius 1609: V, 35. Grotius is referring to agreements between States in respect to piracy,
however, this reference indicates an early awareness of using bilateral and multilateral
agreements for the purpose of protection and extending sovereign rights beyond national
waters. Importantly, Grotius goes on to state that any such agreement does not make the
delimited area of the sea the private property of anyone.
23
Grotius 1609: XIII, 75.

�treaties, customary international law and the underlying philosophies of ocean
governance. As previously discussed, the natural law concepts, such as
equity, consensus and equality, are still relevant foundation norms for rules
governing a contemporary international society of States. The UNCLOS III is a
balance of the Grotian tradition of freedom of the high seas with that of
increasing coastal state sovereignty and sovereign rights. Basically, coastal
States are given increasing rights as the distance from the shore decreases,
and conversely, flag States are given increasing freedoms as the distance
from the shore increases24. However, the problem is that the use of the ocean
is not static, but instead, it continues to evolve. Therefore, the challenge for
international sea law is to balance the increasing and diverse interests within
the marine environment whilst maintaining the traditional freedom of the sea.
Since Grotius’ times, nations are more reliant upon one another in
matters of ocean management. Undoubtedly, the 21st century will be a time
when underwater discoveries will proliferate as advances in marine
technology allow for greater exploration of the outer Continental Shelf and the
‘Area’ itself. The growth in marine technology, combined with an increasing
need for nations to source natural resources, such as minerals and genetic
organisms from the marine environment, will see increased marine scientific
research, ocean floor mapping and exploration on the deep seabed. There is
an increased potential for conflict in ocean governance given the diverse and
conflicting interests within the marine environment. In particular, there is the
potential for conflict between in situ preservation of wrecks and marine genetic
bioprospecting25. In the past, the management of underwater sites had only to
contend with traditional threats such as looting, salvage and pollution.
However, an emerging threat is marine genetic bioprospecting with its
potential to generate patents and intellectual property rights for
pharmaceutical companies. When the UNCLOS III was drafted during the
1970s, a lot of the marine technology required for deep sea exploration and
exploitation was not available. Furthermore, there was little awareness that
the oceans held a wealth of genetic biodiversity. Hence, during the
negotiations of UNCLOS III, no consideration was given to the activity of
marine genetic bio-prospecting on seamounts, cold seeps, thermal vents and
ocean ridges. However, given the potential for shipwrecks to be located in
deep ocean trenches or around seamounts which sustain diverse genetic
organisms, the potential for tension and conflict between these opposing
maritime activities is likely to occur in the future. It is important to note, that
under the UNCLOS III, there is an obligation to carry out marine research in
the ‘Area’ in a manner which is not a threat to the overall marine environment.
However, genetic bioprospecting is technically not marine research, and
24

Koschtial 2008:69; UNCLOS III, Article 8(1) Internal Waters; Article 33 Contiguous Zone;
Article 56 Exclusive Economic Zone (EEZ); Article 77 (1) Continental Shelf; Article 87 High
Seas; Article 136 The Area.
25
Warner (2008:16) indicates that marine bioprospecting to find new patentable
pharmaceutical products is already underway (unlike seabed mining (exploitation) in the
‘Area’ which is yet to commence). Furthermore, Warner (2008: 16) states that ‘bioprospecting
has already eclipsed commercial interest in deep seabed minerals’. Leary (2007:229), whilst
speaking in respect to the need to protect the genetic resources of the deep sea associated
with hydrothermal vents, acknowledges the conflicting interests and diverse stakeholders in
the ocean: Leary (2007: 16) states: ‘any future legal regime will need to accommodate
multiple and at times conflicting uses and interests’.

�therefore, may not be regulated by the UNCLOS III under its provisions for
marine scientific research. Therefore, in order to ensure the continued
protection of UCH and to prevent legal loopholes arising from technical
interpretations of international agreements, an effective mechanism will be
one of ‘State cooperation’ and the continuing adherence to an equitable
international legal framework.

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Thucydides
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University Press, New York.
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The International Law of the Sea, Hart Publishing, Oxford.

‘Mining, Protection of the Environment, Scientific
Research and Bioprospecting: Some Considerations on
the Role of the International Seabed Authority’, in The
International Journal of Marine &amp; Coastal Law, Vol.19, pp.
383-410.
‘UNCLOS III and the Struggle for Law: The Elusive
Customary Law of Seabed Mining’, in Ocean
Development and International Law Journal, Vol.13, No.1,
pp.33-63.
‘The Management of the Underwater Cultural Heritage’, in
Journal of Cultural Heritage, Vol. 4, pp. 25-33.
‘Lines of Division, Lines of Connection: Stewardship in the
World Ocean, in Geographical Review, Vol. 89, No. 2,
pp.254-264.
‘Reflections on the Conservation and Sustainable Use of
Genetic Resources in the Deep Seabed Beyond the Limits
of National Jurisdiction’, in Ocean Development and
International Law, Vol. 39, No.2, pp.129-149.
History of the Peloponnesian War, transl. R. Warner, 1972
reprint, Penguin Books, London.
‘Mare Liberum vs. Mare Clausum: Grotius, Freitas, and
Selden’s Debate on Dominion over the Seas’, in Journal of
the History of Ideas, Vol. 64, No. 3, pp. 361-377.
‘Protecting the Diversity of the Depths: Environmental
Regulation of Bioprospecting and Marine Scientific
Research Beyond National Jurisdiction’, in Ocean
Yearbook, Vol. 22, pp. 411-443.
From Columbus to Castro: The History of the Caribbean,
Andre Deutsch Limited, London.
‘Down to the Sea with Stakes: The Evolving Law of the
Sea and the Future of the Deep Seabed Regime, in
Ocean Development and International Law’, Vol. 21, pp.
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Was Hugo Grotius Really in Favour of the Freedom of the
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                <text>An Equitable International Legal Framework: The Grotian Heritage&#13;
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Diversity in approaches to maritime archaeology, underwater cultural heritage and related areas</text>
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                <text>The conservation of underwater cultural heritage (UCH) requires not only an understanding of the physical environment in which an object is located but also its legal environment needs to be considered. For example, what is the legal position with regard to claims on submerged wrecks and what are the guiding philosophical principles underpinning modern international sea law and UCH law? The doctrine of â€˜freedom of the seasâ€™, encompassing the natural law principles of consensus, equality, equity, reason and fairness, was advocated by the Dutch jurist, Hugo Grotius, at the beginning of the 17th century. During this period, Europe was plagued by war and religious schisms as well as economic division arising from the rivalry between dominant maritime powers for the right to establish exclusive overseas trading empires in East Asia and the Americas. The volatile economic and political environments, along with the collapse of the Holy Roman Empire hegemony, created the need for rules of conduct between a large international community. The scholarly debates of the 17th century, often referred to as the â€˜battle of the booksâ€™, provided a wealth of jurisprudence on international law, including settling ocean governance in favour of  an â€˜open seaâ€™ policy as opposed to a â€˜closed seaâ€™ policy in respect to trade and navigation. Grotiusâ€™ writings on â€˜consensusâ€™ and the â€˜social interdependenceâ€™ of nations are relevant in the 21st century as his writings expound the modern idea of State  â€˜cooperationâ€™ whilst advocating navigational freedom. In promoting cooperation among States, the Grotian doctrine represents an effective means to combat transnational crime and commercial exploitation of underwater cultural resources. This paper concludes that the writings of Grotius on â€˜consensusâ€™ in decision making and interdependence of States are of increasing relevance, given that the global community is entering a period when questions are being raised over the role of international law concerning the conservation of UCH and the philosophical frameworks which shape ocean governance polices.&#13;
&#13;
The soul of the past is in deep water&#13;
Phillipe Diole.&#13;
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                    <text>An Ethno-archaeological perspective of Maritime Cultural interaction between
Southeast China and the West world during the 16th and 17th centuries
Chunming Wu
The Center of Maritime Archaeology Research, Xiamen University, China
Department of Anthropology, Harvard University, USA
E-mail: chunmingwu@fas.harvard.edu
Abstract
The Portuguese and Spanish navigation from Europe to East Asia and America opened
the early globalization, one of the most important periods of cultural interaction in
human history. The broad and deep maritime cultural exchange and conflict between
Eastern Asia and the Western world resulted in this period after the arrival of the first
European navigators. In the Southeast China region, a series of tangible and intangible
cultural heritages as shipwreck with cargos’ content of different cultures, maritime
trading remains, East-West mixed seaport building, and the exchange of agricultural
goods have been identified and studied through archaeological and ethnographical
methodology. The results show a significant cultural change in eastern Asia resulted
from maritime cultural interaction and early globalization since the arrival of Spanish and
Portugal ships to the region in the 16the and 17th centuries.
Keywords: China, Spain, Portugal, Maritime
Background: the early contact of Portuguese and Spanish with China
The early contact between Portuguese and Chinese in the southeast coastal region of
Guangdong, Fujian and Zhejiang was full of difficulties due to the policy of Ming Dynasty
to ban commerce (Lin Rengchuan, 198: 32-50; Wu Chunming, 2003: 283-287) .
After Vasco da Gama sailed pass the Cape of Good Hope好望角in 1498, Portugal quickly
controlled the maritime trade of the Indian Ocean, replacing the Arabs. A series of
Portuguese trading halls and military fortress were set up along the coasts of the Indian
Ocean from 1501 to 1511, such as Cochin科钦, Cali Carter卡利卡特, Goa果阿,
Colombo科伦坡, and Malacca马六甲. The Portuguese struggled to trade with the Ming
Dynasty for all most a century. From 1515 to 1522, the governor of Malacca Jorge
d'Alboquerque and F. P. de Andrade sent two ambassadors to the Ming court to no
avail. They were relegated to desolate islands like Wuzhou浯屿 in Zhangzhou of Fujian,
Shuangyu双屿 in Ningbo of Zhejiang where they traded with smugglers at risk of
confronting imperial authority (Lin Rengchuan, 1987, P.131-175). The situation changed
when the Portuguese were allowed to settle at Nakasaki长崎 (Japan) in 1543 and were
permitted in 1557 to colonize Macau 澳门, which had connections to Manila马尼拉,
1

�Timor帝汶, Vietnam越南 and Siam暹罗. However, they were not permitted to dock in
Canton (now Guangzhou广州) and Quanzhou泉州. The success of Portuguese colonies in
Eastern Asia resulted in a long distance maritime trade route between Eastern Asia and
Europe connecting Nagasaki, Macau, Malacca, Hormuz霍尔木兹海峡, Cape of Good Hope
and Lisbon里斯本.
The Spanish navigated to East Asia slightly later than the Portuguese, they arrived in
East Asia from America and set up a permanent trading base in the Philippines. Their
fleet tried to open another Europe-Asia maritime route across the Pacific between 1519
and 1522. During this period, the Portuguese Fernando de Magellan led a Spanish fleet
that sailed across the Atlantic, and the Pacific to arrive in the Philippines. His ship sailed
west to the Indian Ocean and back to Europe through the Cape of Good Hope and
succeeded in the earliest circumnavigation of the world. This pan-Pacific experience set
great benefit for the Spanish, but they met similar difficulties with the Ming ban.
After their arrival in the Philippines, the Spanish took almost half a century to conquer
the archipelago. They fought the Portuguese to control the Moluccas摩鹿加群岛 in 1529,
they confronted Philippine aboriginals and established the pan-Pacific trade route to link
Asia, America and Europe through the Manila Galleon马尼拉帆船 in 1565. They also
sought to expand into Southeast China. Their requests to settle in Amoy (now
Xiamen厦门) in 1574, and in Guangdong广东in 1598 were refused by the Ming Dynasty.
In 1626, the Spanish fleet occupied Keelong鸡笼 in Taiwan from where they engaged in
smuggling activities until they were defeated by Dutch colonists in 1642. After their
unsuccessful colonizing experience in southeastern China, the Spanish carried out
indirect maritime trade with Chinese merchants. The Spanish established the Manila
Galleon, which sailed across the Pacific to Acapulco阿卡普尔科, the cargo was transferred
to Veracruz维拉科鲁兹, and the goods were sailed to Europe. They developed a series of
extension routes linking Manila to Amoy, Macau, Canton, Siam, Borneo婆罗洲 and other
regional Eastern Asian seaports, connecting them with this early global maritime trade
system.

2

�Shipwrecks and early international maritime trade in eastern Asia during 16 th and
17th centuries
Although Spain and Portugal had to face the difficulties of the Ming ban, they
nonetheless carried out trade with Southeast China. In the last 20 years, underwater
archaeological investigation has yielded a series of shipwrecks dated to 16th to 18th
centuries identified as the remains of private endeavors of maritime trade from
Southeast China.
(1) Nanao shipwreck
The Nanao南澳 shipwreck is located at the south of Nanao Island (Sun Jian, 2012). The
site was discovered in 30 m of water, and was surveyed and excavated in 2000-2013.
The wooden wreck remains are 27 m by 7.8 m and had 23 compartments. The shape of
hull was identified as local traditional shipbuilding technique of Fujian and Guangdong.
More than 30,000 artifacts have been salvaged from the site, including export ceramics,
bronze, iron, tin, stone, wooden, bone, lacquer, more than 10 species of vegetation dry
food. These contents are dated to the late 16th century.
95% of the artifacts from the site are blue and white from the Zhangzhou and the
Jingdezhen kilns. This blue and white porcelain are similar to Swatoware or Clark
artifacts. The Zhangzhou kiln漳州窑 was located next to Wuyu (浯屿) and Moon seaport
(月港), harbors famous for their smuggling activities. The Ming ban had forced private
merchants to move away from local official harbors such as Canton and Quanzhou and
carried out smuggling activities with the Portuguese and Spanish. They sailed out from
Wuyu, Suangyu, Nanao or Zhangzhou Moon ports to meet European maritime traders
at Macau, Malacca, Nagasaki and Manila. The Zhangzhou kiln which produced Clark
ware had specialized in products for European consumption. Preliminary studies show
that Clark ware from Nanao shipwreck share great similarities with material recovered
from Portuguese, Spanish, and early Dutch shipwrecks like the San Diego and the San
Felipe (Fujian Provincial Museum, 1997; Edward Von der Prrten, 2013). This appears to
indicate that the Nanao wreck was involved in this type of illicit activities. Most of the
content of Nanao was export goods, therefore the ship could have been in its outbound
route. There does not seem to be European material on board, but there are artifacts of
European influence (Fig.1).
3

�The presence of firearms in ships is
probably of European influence, since
pre-European

era

junks

have

not

yielded this kind of material.
(2) Donggu shipwreck
Donggu冬古 is another island in the
border

region

of

south

of

Fujian

province also involved in smuggling
Fig.1: Iron Cannon from Nanao shipwreck. Its use in a activities during the Ming ban. The
commercial ship points to European influence
shipwreck was discovered in the small

bay of Donggu, south of Dongshan, one of camp site of Zheng Chenggong troops
during late Ming to early Qing Dynasty (Chen Liqun, 2001; Donggu Underwater
Archaeology Team, 2003; Ao Jie and Zhao Jiabin, 2005; Li Bin and Sun Jian, 2005 ).
The underwater survey and excavation on the site uncovered many artifacts as ceramic,
bronze, iron, tin, stone and wooden. A coin with inscription of Yongli Tongbao
永历通宝was discovered, which had been casted and used during the regime of Zheng’s
family in Taiwan and Fujian (1647-1683). Taking into account the weapons and armor
found in the site, the boat could have been part of the military fleet of Zheng’s clan. The
ceramic artifacts from the site include bowl, plate, dish and cup of blue and white
porcelain, of which most are daily necessities. Most of this porcelain is from the local
kilns of Zhangzhou, Dehua德化and others around Fujian. A few blue and white might be
from the Izink kiln in Japan from the 17th century. This shows the close connection
between Zheng’s clan with Japan (Li Jianan 2012).
Some artifacts from the shipwreck are interesting for the understanding of maritime
cultural contact between Zheng’s clan and European colonists. Many firearms including
iron cannons and gunpowder have been identified as imitations from Portuguese or
Spanish, some of clear Mediterranean or European influence (Fig.2). The arms trade of
Zheng’s clan had been recorded in detail in European documents (William Campbell,
1903; Iwao Seiichi, 1959). The popularization of European firearms in China during 16th
and 17th century could be a result of maritime cultural exchange. A bronze tobacco pipe

4

�from the site (Fig.2) –the oldest recorded in China– highlights this interaction, since
tobacco originated from the Americas and was introduced in Asia by Europeans.
(3) Other shipwrecks of 16-17 century in southeast China
More than ten further wrecks from the 16th to 17th centuries have been identified in the
seas of Southeast China. They are Baijiao 2白礁二号 and Longwenyu龙翁屿 (Zhao Jiabin
and Wu Chunming, 2010), Laoniujiao老牛礁, Jiuliang九梁, Wanjiao 1 碗礁一号 (Zhou
Chunshui 2013), Guangao 广澳, Baolinggang宝陵港 (Wu Chunming, 2003, P. 22-24),
Yuzhuojiao

1玉琢礁一号,

Langhuajiao

1浪花礁一号,

Panshiyu

1盘石屿一号,

Shiyu

3&amp;

4石屿三号、四号, Huaguangjiao 4华光礁四号，in Xisha 西沙archipelagoes (Zhao Jiabin 2012),
and etc. They were identified as the remains of local Junks.

Fig. 2: Bronze Armor (left) and Bronze tobacco pipe (right)

The Baijiao 2 shipwreck is located in Dinghai bay in the estuary of Minjiang. Dinghai had
been the key fort defending the provincial capital Fuzhou in Ming and Ding dynasty.
5

�Most of the artifacts from the site are celadon and blue and white, these bowl, plate, pot
were identified as products of Pingnan, Wuyishan, Pucheng in north of Fujian province,
dated to middle of 17 century. Similar thing had been discovered in Akita, Aomori,
Kumamoto counties of Japan, showing the possible maritime cultural contact in this
region.
Longwenyu locates 1000 m south of Baijiao 2. A Bronze cannon with inscription of “Guo
Xing Fu” (国姓府) was collected from the site (Fig.3, left 1-2). The name Guo Xing is
associated with Zheng (Chen Lijun, 2010).
According to historical records, Zheng’s fleet sailed Dinghai bay in 1654-1657 and
fought with the the Qing Dynasty (Yang Ying and Chen Bisheng, 1981,P. 7, 79, 138—
141, 158—160).
The Guangao shipwreck is also related to Zheng’s family where the bronze seal of
Zheng’s subordinate Zhongzhenbo and bronze canons with inscription of “Guo Xing Fu”
were salvaged (Chen Lijun, 2010).
(4) Private maritime business groups of Southeast China
After the establishment of the Ming Dynasty in 1368, the Chinese empire carried out
maritime tributary trade朝贡贸易 and enforced the Ming ban that forbade maritime
commercial activities. From the Ming and beginning of the Qing Dynasty (1368-1683),
maritime trade was controlled by the government. Nevertheless, private merchants
counteracted the ban with illicit trade, though facing grave reprieves should they be
found. The arrival of the Europeans encouraged and favored the development of these
activities. They organized themselves in family groups and armed their junks with
firearms in European style to fight the government’s fleet. They were names as pirates
by the officials of the Ming Dynasty, and they kept close connections to Portuguese,
Spanish and Dutch traders (Lin Rengchuan, 1987, P. 183-200, 204-208; Wu Chunming,
2003, P.283-287).
According to historical documents, more than 15 different families took part in
smuggling activities in the Southeastern coast of China in the Ming and Qing dynasties
(Lin Rengchuan, P.85-130). Zheng’s family was the largest and strongest; they had
been active in the eastern Asian sea between Fujian, Guangdong, Vietnam, Japan,
Taiwan, and the Philippines. The first generation of this family is Zheng Zhilong
6

�(郑芝龙1604-1661) who was born in Shijin石井village in Fujian province. He was the
adoptive son of a Portuguese wealthy business man in Macau. He migrated to
Hirado平户in Japan and joined the local Chinese business family Li Dan李旦when he was
eighteen years old (1622). Zheng Zhilong married a Japanese woman and strengthened
his own maritime trading business with Portuguese, Spanish and Dutch traders. His son
Zheng Chenggong (1624-1662) carried on and expanded this family business,
controlling international maritime trade of eastern Asia for half century.
Indeed, all of these private maritime business groups played a key important role in the
process of cultural exchange between East Asia and western world when the Chinese
government was absent from international trade. The shipwrecks as Nanao, Donggu
and others appear to be the remains of these private endeavors. According to historical
nautical guide’s Books as Sun Feng Xiang Song 顺风相送and Zhi Nan Zheng Fa指南正法
(Xiang Da, 1961) dated to late Ming and early Qing dynasties, these private merchants
were concentrated on the Eastern and Southeastern Asian seas. Their smuggling
routes connected the region with the outside world, to Europe and America.
Maritime cultural heritages in Southeast China resulted from early globalization
Apart from the shipwrecks, other factors attest to the cultural exchange that occurred
from this early globalization, both tangible and intangible: architecture, maritime
settlement pattern, plants, life style, trade, religion, culture, science, and so on.
(1) European Architecture and change of settlement landscape of China
The most significant cultural change after interaction of east and west in southeast
China is the introduction of European-style architecture, which started with the
Portuguese and Spanish. Their settlements in Macau, Wuyuan, Shuangyu and Keelong
were rooted out by the official army of the Ming empire enforcing the Ming ban, except
for Macau. But other buildings remain; in 2004, more than twelve European-style
buildings were evaluated as UNESCO world heritage (Wang Guoqiang, 2004).
The oldest European building in Macau is Sao Paulo Church which was built between
1555 and1562 by the Portuguese (Fig.4).
St Dominic’s Church is another early building of Macau which was built in 1587 (Fig.5).
Nossa Senhora da Guia church was built in 1622 at East Wangyang mount. The city
library and town hall were built in 1656 and 1784, with the typical characteristic of
7

�Portuguese architecture. Further European influence from the 18 th and 20th century has
conferred a distinctive Western landscape in many port cities in China, such as Amoy
(Fig. 6).

Fig.4: The front wall ruins of Sao Paulo Church of Macau (1595)

The cultural dissemination of European architecture in the last 500 years has impacted
local construction in Taiwan, south of Fujian, and east of Guangdong, which uses red
brick of European influence. The red brick building in south of Fujian, east of
Guangdong and Taiwan might have been the result of architecture cultural mix of east
and west from the 16th century onwards.
(2) Foreign plant species, change of agriculture and life-style
The Portuguese and Spanish brought not only a large amount agricultural and industrial
product as maritime cargo, but also introduced a series of foreign plant species directly
or indirectly into China such as sweet potatoes, potatoes, corn, peppers, tomatoes,
pumpkin, peanut, ipomoea, bitter and cigarette. This new products changed the
Chinese agricultural system, the diet and their life style.

8

�Fig.5: St Dominic’s Church of Macau (1587)

Fig. 6: The landscape of European architectures in Amoy, Fujian

9

�Fig. 7: The red brick house in South of Fujian

Most of these foreign species were imported by the Portuguese and Spanish from
South America to Southeast Asia (Philippines, Vietnam and Indonesia), and were
introduced to China through maritime trade (Lin Rengchuan, 1987, P371-379). The
name of sweet potato in China was Fan Shu (番薯) which means foreign (Fan) potato
(Shu). It was first taken to Fujian and Guangdong in 1580, and then it spread to
Zhejiang, Jiangsu, Sichuan, Guangxi, Jiangxi, Anhui, Hubei, Hunan, Shandong, Henan,
Hebei, Shanxi and Guizhou in the beginning of Qing Dynasty. The corn was another
important crop introduced in Fujian and Guangdong in the middle of the 16 th century.
The peanut was introduced to Haicheng 海澄county in Fujian in the beginning of the 16th
century. It then spread to Zhengjiang and beyond at the end of 16 th century. Potatoes,
peppers, tomatoes, pumpkin, ipomoea, and bitter were also introduced to China in the
middle and late 16th century. The cultivation of all of these foreign crops enriched the
Chinese diet.
Tobacco was introduced from America to the Philippines via the Manila Galleon in the
middle of 16th century. It was taken into China through the Moon sea port in Fujian at
the end of 16th century. It spread to Southwest China and beyond in the middle of 17 th
century.
(3) Christian missionaries and change of religion, culture and science of modern
China
There were two waves of Christian missionaries prior to the maritime arrival of the
Europeans in the 16th century. The two waves arrived through the land Silk Road during
the Tang (618-907) and Yuan (1271-1368) Dynasties, respectively called Jing Jiao景教
and Yelikewen Jiao (也里可温教). The arrival of Spanish and Portuguese brought about a
10

�third wave that arrived with the Portuguese and Spanish maritime expansion. Religious
beliefs were accompanied by other European knowledge of science and culture that
had a effect on Chinese socio-cultural life (Lin Rengchuan, 1987, P. 414-418).
The Catholic Diocese of Macau was established in 1576, which was the first and most
important missionary center in the Far East. Matteo Ricci利玛窦 and Jules Aleni 艾儒略
were two of the most famous and most productive missionaries in China during 16th and
17th centuries.
Matteo Ricci (1552-1610) was the pioneer missionary of the Jesuits in China (Zhang
Xiping, 2002). He arrived at Macau in 1582 and was permitted to go to Guangzhou and
Zhaoqing in 1583. He stayed in Zhaoqing for 20 years and then went north to
Nanchang, Nanjing, and finally he arrived in Beijing in 1600. He studied Chinese and
preached in that language, and he also learned Chinese traditional literature and
culture. He preached by way of "reconciliation strategy,” making friends with Chinese
scholars and officials.
Jules Aleni (1582-1649) was another great missionary of Catholicism who arrived in
Macau in 1610 (Jules Aleni, 2011; Pan Feng Chuan, 2006). He was sent to Beijing,
Shanghai, Yangzhou and other places to preach, and was active in Shaanxi, Shanxi,
Hangzhou and Fuzhou. He had stayed in Fujian for 23 years and set up dozens of
churches before he died in 1649. Soon after the works of these missionaries,
Catholicism developed quickly in China. There were more than a hundred thousand
Catholics in China in the middle of 17th century, many of whom were senior officials of
the imperial court of the Ming Dynasty. The dissemination of Catholicism influenced
Chinese religious life and philosophy, complying with the original Confucian and
Buddhism. The introduction of new knowledge by missionaries also had great influence
in China. Matteo Ricci was the most famous academic missionary in China, who
specialized on western mathematics, surveying, geography, and surveying. He
published more than 10 different Chinese books as 6 volumes

Geometry

Theory《 几何原本》 , 8 volumes Mathematics Compare of East and West《 同文算指》 ,
Survey and Cartography Theory《 测量法义》, Pythagorean Theorem《 勾股义》, Similarities
and Differences of Measurement《 测量异同》， Principles of Astronomy《 乾坤体义》. These
publications were co-authored by his students Li Zhizao 李之藻and Xu Guangqi 徐光启who
11

�had been senior officials of Ming Dynasty (Zhang Xiping, 2002). Other missionaries like
Jules Aleni also contributed to the spread of knowledge (Jules Aleni, 2011; Pan Feng
Chuan, 2006; Alexander Wylie, 2011). All of these works greatly promoted the
development of modern science in China, the mutual understanding of East and West,
and advance in the progress of China and eastern Asia.
References:
Lin Rengchuan, 1987, Mingmo Qingchu Siren Haishang Maiyi, Huadong Shifan Daxue
Chubanshe. ( A Study on Private Maritime Trade in the End of Ming and Beginning Of
Qing Dynasty, Eastern China Normal University Press, Shanghai)
Wu Chunming, 2003, Huan Zhongguohai Chenchuan, Jiangxi Gaoxiao Chubanshe.
(The Shipwreck in Seas Surrounding China——Preliminary Study on Ancient Chinese
Junk, Navigation and its’ Cargo Economy, Jiangxi Higher Education Press, Nanchang.)
Sun Jian, 2012, Guangdong Nanao Yihao Mingdai Chenchuan he Dongnan Diqu
Haiwai Maoyi, in Wu Chunming edited, Haiyang Yichan Yu Kaogu, Kexue Chubanshe.
(A preliminary research on the Nanao No.1 shipwreck in Guangdong Province and
related oversea maritime trade of Ming Dynasty in southeastern China, in Wu Chunming
edited, Maritime Cultural Heritage and Archaeology in Seas Surrounding China,
Science Press, Beijing.)
Zhou Chunshui, 2012, Fujian Pingtan Yutou de Gudai Chenchuan, in Wu Chunming
edited, Haiyang Yichan Yu Kaogu, Kexue Chubanshe.(The ancient shipwrecks from
Yutou region in Pingtan county, Fujian province, in Wu Chunming edited, Maritime
Cultural Heritage and Archaeology in Seas Surrounding China, Science Press, Beijing.)
Zhao Jiabin, 2012, 2009-2010 Xisha Shuixia Kaogu Xinshouhuo, in Wu Chunming
edited, Haiyang Yichan Yu Kaogu, Kexue Chubanshe. (The new discovery of
underwater archaeological investigation in Xisha islands region in 2009-2010, in Wu
Chunming edited, Maritime Cultural Heritage and Archaeology in Seas Surrounding
China, Science Press, Beijing.)
Li Jian, 2012, Luetan Woguo Chenchuan Yizhi Chushui Taociqi ji Xiangguan Wenti, in
Wu Chunming edited, Haiyang Yichan Yu Kaogu, Kexue Chubanshe.(A general study
on ceramics from shipwreck sites of China, in Wu Chunming edited, Maritime Cultural
Heritage and Archaeology in Seas Surrounding China, Science Press, Beijing.)
12

�Edward Von der Prrten,2013, Sixteenth-Century Manila Galleon Cargoes on the
American West Coast and Kraak Plate Chronology, paper for “Early Navigation in the
Asia-Pacific

Region:

A

Maritime

Archaeological

Perspective”——An

Academic

Workshop at the Harvard-Yenching Institute ，June 21-23, 2013.
Fujian Provincial Museum, 1997, Zhangzhou Yao, Fujian Renmin Chubanshe.
(Zhangzhou Kiln, Fujian People Press, Fuzhou.)
Chen Liqun, 2001, Dongshandao Donggu Chenchuan Yizhi Chutan, Fujian Wenbo. (A
preliminary investigation on Donggu shipwreck in Dongshan island, Fujian Cultural
Relics and Museology， No.1.)
Donggu Underwater Archaeology Team, 2003, 2001 Niandu Dongshan Dongguwan
Shuixia Kaogu Diaocha Baogao, Fujian Wenbo.(A underwater archaeological report of
Donggu Bay in Dongshan in 2001, Fujian Cultural Relics and Museology, No.3)
Ao Jie and Zhao Jiabin, 2005, 2004 Nian Dongshan Dongguwan Chenchuan Yizhi A-qu
Fajue Jianbao, Fujian Wenbo. (A preliminary report of the excavation on region A of
Donggu shipwreck site of Dongshan county in 2004, Fujian Cultural Relics and
Museology, special issue)
Li Bin and Sunjian, 2005, 2004 Nian Dongshan Dongguwan Chenchuan Yizhi B-qu
Fajue Jianbao, Fujian Wenbo. (A preliminary report of the excavation on region B of
Donggu shipwreck site of Dongshan county in 2004, Fujian Cultural Relics and
Museology, special issue)
Zhao Jiabin and Wu Chunming, 2010, Fujian Lianjiang Dinghaiwan Chenchuan Kaogu,
Kexue Chubanshe. (The Shipwreck Archaeology of Dinghai Bay, Lianjiang County of
Fujian, Science Press, Beijing)
Chen

Lijun,

2010,

Minyue

Yanhai

Chutu

“Guoxingfu”

Ming

Tongcong

yu

Zhengchenggong de Haiyang Huodong, in Dongnan Kaogu Yanjiu, Disiji, Xiamen
Daxue Chubanshe. (A preliminary study on the bronze canons with inscription of “Guo
Xing Fu” discovered in Fujian and Guangdong, in Wu Chunming edited, Archaeological
Study on Southeast China, Vol.4, Xiamen University Press, Xiamen.)
William Campbell, 1903, Formosa under the Dutch, Described from contemporary
Records, Kegan Paul, Trench , Trubner, Lodon.

13

�Iwao Seiichi, 1959, Shiqi Shiji Taiwan Yingguo Maoyi Shiliao, Taiwan Yinhang.
(Collection of Historical Data of Trade between Taiwan and England in 17 Century,
Bank of Taiwan Press, Taipei )
Yang Ying and Chen Bisheng, 1981, Xianwang Shilu Jiaozhu, Fujian Renmin
Chubanshe. (Notes and Explanation on the Record of Old King, Fujian People’s Press,
Fuzhou.)
Xiang Da, 1961, Liangzhong Haidao Zhenjing, Zhonghua Shuju. (Two Ancient Nautical
Guides, Chinese Bookstore, Beijing. )
Wang Guoqiang edited in Chief, 2004, Aomen Lishi Wenhua Mingcheng Xueshu
Yantaohui Lunwenji, Aomen Shehui Kexue Xuehui. (Papers Collection of Symposium
on Macao Historical and Cultural City in 2004, Macau Society of Social Sciences .)
Wang Zhijun, 2008, Jiyu Lulu Wenming he Hailu Wenming Shuangzhong Yingxiang de
Minnan Hongzhuancuo, Jianzhushi. (A study of the resource of Red Brick House in
South of Fujian on perspective of combination of mainland culture of maritime culture,
Architect, No.1)
Zhang Xiping, 2002, Limadou de Zhuzuo, Wenshi Zhishi.( An summary of academic
works of Matteo Ricci, Literature and History Knowledge, No.12)
Jules Aleni, 2011, Jules Aleni Hanwen Zhushu Quanji, Guuangxi Shifan Daxue
Chubanshe. (Collections of Jules Aleni Chinese Academic Works, Guangxi Normal
University Press, Guilin.)
Pan Feng Chuan, 2006, Xilai Kongzi——Mingmo Yesu Huishi Jules Aleni Zaihua Shiji
Kao.( Confucius from the West: The Jesuit, Guilio Aleni (1582-1649) in Late Ming
China: A Biography,
http://moon8512.blog.163.com/blog/static/158197322006112382444322/)
Alexander Wylie edited, Ni Wenjun translated, 2011, 1867 Nian Yiqian Laihua Jidujiao
Chuanjiaoshi Liechuan ji Zhuzuo Mulu, Guuangxi Shifan Daxue Chubanshe.(Memorials
of Protestant missionaries to the Chinese : giving a list of their publications, and obituary
notices of the deceased, Guangxi Normal University Press, Guilin.)

14

�Biography
Wu Chunming is Professor of Archaeology and Museology, Department of History,
Xiamen University. He is also Director of the Center for Maritime Archaeology and
Director of the Anthropological Archaeology Laboratory Center at Xiamen University.
His research focuses on archaeology and early aboriginal Yue ethnicities ( 百越), the
history of Southeast China and the ethnology of minorities in Southern China, and
maritime archaeology and cultural history in the seas surrounding China.

15

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                  <text>Asia Pacific Regional Conference on Underwater Cultural Heritage</text>
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                  <text>Asia Pacific Regional Conference on Underwater Cultural Heritage</text>
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                <text>An interview with Hans Van Tilburg - Chair  of Session 16: The significance of Maritime Cultural Landscapes, Seascapes and Living Heritage in Oceania</text>
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                <text>Michelle Damian</text>
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                <text>The Museum of Underwater Archaeology</text>
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            <name>Date</name>
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                <text>2023</text>
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        <name>Asia-Pac Session 16 2023</name>
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