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The immediate past has been of interest within Polish archaeology only very recently. Research was first undertaken in 1967 and was incidental, tending not to change the general view of archaeologists focused on periods spanning prehistory to the Middle Ages, and then gradually adding the 17th and 18th centuries. A permanent change came in the 1990s with the emergence of development-led archaeology in Poland. Excavations preceding construction of motorways and other infrastructure projects revealed relics dating back to 1800-1945 on an unprecedented scale. Initially, insufficient historical knowledge made archaeological research particularly difficult. Now, after a few decades, this pioneer era is coming to an end, and there are archaeologists focusing mainly on the contemporary period e.g. archaeology of armed conflicts in the broadest sense of the term or narrowly specialised forensic archaeology. Nevertheless, the challenges of contemporary archaeology still exist. They are related to the key heritage management issues and significant consequences (including financial consequences) of resulting administrative decisions with regard to archaeological heritage of the 18th-20th centuries. In this article, individual challenges are discussed with regard to archaeology and memory, systems of heritage protection as well as preservation and research. Selected case studies are used to illustrate them all. The omission of time boundaries in binding legal definitions of both monuments and archaeological monuments is perfectly fine, because this ensures that all the relatively new relics are, in theory, as protected as older ones regardless of their state of preservation. However, in practice, archaeological research of a 19th-20th century site can cause confusion, from the first application for a research permit up to choosing a storage facility for the finds and their proper permanent curation. In order to go beyond the state-of-the-art in Poland, this article presents several solutions consistent with the existing legal framework. However, a uniform approach is still to be developed, even within the archaeological community.

Abstract The historic centre of Algiers (Casbah) presents a state of severe decay. Laws and legislative measures have been promulgated in the past three decades to provide an adequate framework for the conservation of the old city. This paper investigates the law and subsequent legal instruments used in heritage management and the impact of legislative provisions on the management of the living historic centre of the Casbah of Algiers. Before the issuance of Algerian Law n°98–04 relating to the protection of cultural heritage, the role of the various entities managing the Casbah was rather unclear. This law provides more details about the structure of urban heritage management. Additionally, a new heritage protection tool came into existence (the PPSMVSS, i.e., the Permanent Plan for Safeguarding and Enhancement of the Safeguarded Sector). Difficulties encountered in the field concerning the application of legislative tools caused considerable delays in preservation actions on the ground. This paper provides an analysis of the contradictions between text enforcement and conservation plans to understand the main reasons that led to the degradation of the historic area. Accordingly, the paper proposes a number of solutions to be implemented by the Algerian authorities.

This case note analyses an appeal decision (Khoin v Jenkins in Re: Observatory Civic Association v Trustees for the Time Being of the Liesbeek Leisure Properties Trust [2023] 1 All SA 110 (WCC)) handed down in 2022 by the Western Cape High Court, its purpose being to identify the strengths and weaknesses of the decision and to comment on possible future developments. The text of the judgment is interpreted in the light of judicial precedent, literature and domestic (South African) and international law. One of the key findings is that "intangible heritage" is an integral part of both domestic and international law, and the Khoin-case gives judicial recognition to the concept as a part of South African heritage law. One of the main criticisms levelled against the judgment is that it does not adhere to judicial precedent in failing to find that the right to consultation of First Nations Peoples before administrative action is taken that allegedly violates their constitutional rights to intangible heritage is sufficient to satisfy the test for the existence of a prima facie right for the purposes of obtaining an interim interdict.

This article focuses on the legal and technical challenges of protecting intangible cultural heritage in Nigeria. Over time, Nigeria and its population have focused heavily on the petroleum industry as the primary source of the country's economic sustainability, ignoring other viable economic sectors such as heritage preservation, protection, and management for sustainable tourism. This is because the country's heritage legislation has been severely eroded and rendered ineffectual in protecting Nigeria's heritage resources, in particular its intangible cultural heritage. Various stakeholders have expressed concern about the need to maintain and protect cultural assets all around the world. This has thus led to the promulgation of laws governing their protection. These regulations, however, did not begin in Nigeria until the colonial period, when the necessity to acquire and conserve heritage objects became recognized. Therefore, this article uses an exploratory research design with key informant interview methodologies as a data-gathering instrument. As a result, it demonstrates that numerous intangible cultural heritage resources in Nigeria are negatively impacted by political and societal instability, the increasing demand for antiquities and artworks, and socioeconomic challenges, amongst other human-induced factors. The existing heritage law in Nigeria, Decree No. 77 of 1979, is insufficient in terms of currency, enforcement, and efficiency, rendering its provisions ineffective. [ABSTRACT FROM AUTHOR]

This case note analyses an appeal decision (Khoin v Jenkins in Re: Observatory Civic Association v Trustees for the Time Being of the Liesbeek Leisure Properties Trust [2023] 1 All SA 110 (WCC)) handed down in 2022 by the Western Cape High Court, its purpose being to identify the strengths and weaknesses of the decision and to comment on possible future developments. The text of the judgment is interpreted in the light of judicial precedent, literature and domestic (South African) and international law. One of the key findings is that "intangible heritage" is an integral part of both domestic and international law, and the Khoin-case gives judicial recognition to the concept as a part of South African heritage law. One of the main criticisms levelled against the judgment is that it does not adhere to judicial precedent in failing to find that the right to consultation of First Nations Peoples before administrative action is taken that allegedly violates their constitutional rights to intangible heritage is sufficient to satisfy the test for the existence of a prima facie right for the purposes of obtaining an interim interdict. [ABSTRACT FROM AUTHOR]

Abstract New legislative acts on heritage protection have been published in several Arab Countries in the last decade. Whilst this is a positive trend in general, what remains to be seen is the factual impact of the new legislation on the pressing issues of heritage management, including the holistic and integrated approaches, monitoring, enforcement and others. This paper compares the new legislative solutions from Gulf Arab Countries to the older ones and determines whether the new trends have potential of improving the heritage management systems. The findings of this paper are intended to increase the awareness of the still-marginal issue of heritage management in the heritage legislation of Arab region and promote the successful measures among the countries with outdated statutory heritage protection.

Developers, the courts and consent agencies are struggling to come to terms with Indigenous heritage places that embody evolving heritage values – places that some anthropologists describe by reference to a process of 're-inscription'. In an attempt to predict how the heritage profession will respond to these developments, this article looks back at a comparable case study that involved a 're-inscribed' Indigenous landscape in NSW. It concludes that, in spite of criticisms of commercial heritage consultants made by some theoreticians embedded in academia, the tools for managing such sites have been developed by heritage practitioners over many years, but are commonly inconsistently or poorly applied, if they are applied at all. [ABSTRACT FROM AUTHOR]

Sidi-El-Houari is Oran's mother city, carrying the identity of a city that has been continuously under construction for a thousand years. Despite its status as a 'protected sector,' this neighbourhood is today threatened with being wiped out due to the deterioration of its built form and general socio-economic devitalisation. Limited interventions have regrettably played a role in the deculturation of a place that is loaded with memory. Official preservation discourse and regulations that support heritage turn out to have been particularly ineffective at preserving this priceless legacy. This essay considers the reasons for and the implications of the pervasive inertia, especially in those institutions which are charged with preserving and rehabilitating the 'protected sector.' Furthermore, the division within, and weakness of, civil society prevents a significant level of pressure being placed on local authorities to enforce heritage law. This part of the city needs, but does not have, an effective preservation strategy. [ABSTRACT FROM AUTHOR]

Copyright of Journal of the Faculty of Theology / Kilis 7 Aralik Universitesi Ilahiyat Fakultesi Dergisi is the property of Kilis 7 Aralik Universitesi Ilahiyat Fakultesi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The contemporary decolonisation movement necessitates ethical reconsideration of the ownership of archaeological sites and objects, alongside reconsideration of the control of the archaeological and historical narrative. In this article, a British archaeologist argues that as we work towards decolonisation, heritage law must change. Advances in metal detecting technology have made the collection of archaeological artefacts easier than ever before; popular perceptions need to shift away from the hunt for buried treasure. Archaeological and ethnographic material should be legally defined as the patrimony of the local community, and ought to be held in public ownership/stewardship in that country. In England today, unless it is a known archaeological site or monument that is specially designated, there is no permit required to excavate, and no licence needed to go metal detecting, only the private landowner's permission. In England and in the U.S., it is still legal for dealers and auction houses to trade in archaeological material. Ending the trade in antiquities would be analogous to the proposed worldwide ban on trading in wildlife, an issue that has recently risen up the global agenda. Abolition of sales of archaeological material at British auction houses could eventually have the added advantage of making the global antiquities market unsustainable. [ABSTRACT FROM AUTHOR]

Review of the 2022 book by Yann Ardagna and Anne Chaillou, Les restes humains: législation, intérêt scientifique et enjeu éthique des ensembles anthropobiologiques. [ABSTRACT FROM AUTHOR]

This article examines the legislative basis and operational effectiveness of the national and prefectural systems for designating and promoting traditional crafts in Tokyo. Traditional artisans participate in these systems primarily through their involvement in kumiai ('artisan guilds'), whose historical background and organizational structure are briefly summarized. To evaluate the usefulness of government support for contemporary craft practitioners, four broad and interrelated categories of kumiai activities are examined: promoting craft business, maintaining and enhancing craft skills and product quality, securing the future of craft traditions, and procuring craft materials. These goals are reflected in the frameworks of national and prefectural legislation that aims to support the efforts of kumiai. However, these goals and the resulting legislation have created a sustained discourse of tension palpably felt by many crafters themselves: the clash between laws designed to protect or promote 'traditional' crafts and other laws that aim to safeguard ecology or animal welfare. Examination of this tension as it is understood and discussed by artisans themselves reveals that, although the positive impact of traditional craft designation systems is widely recognized, it is also perceived that incompatible environmental protection laws can negatively affect their business and threaten the long-term sustainability of craft traditions. [ABSTRACT FROM AUTHOR]

Copyright of Çukurova Üniversitesi İlahiyat Fakültesi Dergisi (CUIFD) is the property of Cukurova Universitesi Ilahiyat Fakültesi Dergisi (CUIFD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Anales de Historia del Arte is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The need to protect and safeguard the world's heritage has emerged as a concern for the international community as the deterioration, damage and destruction of both tangible and intangible heritages are seen to be on the increase. The outstanding universal values of the natural and cultural heritage reflect the deep-seated interdependence between the tangible and intangible domains of heritage, rendering them unique and irreplaceable, thus necessitating conservation as it is a reflection of humanity. "Heritage" is a difficult concept to define. Determining what heritage "is" and to whom something is considered a "heritage", is a highly subjective, value-oriented exercise, contingent on the individuals, groups and communities who in various ways, had identified themselves with, and related themselves to the heritage. This article explores the narrative of the normative landscape of heritage conservation and its progressive development. The discussion adopts a discursive approach in interpreting the heritage discourse as codified in the relevant international legal instruments. An inquiry into the dynamic interpretation of "heritage" couched in the imperative to protect and to safeguard both tangible and intangible heritages is important in supporting the efforts towards conservation of heritage. This will ultimately enable a legacy to be left that could be inherited by future generations. [ABSTRACT FROM AUTHOR]

Since metal detecting started in Austria in 1970, the National Heritage Agency (BDA) has focussed too much on prohibiting metal detecting. The strategy chosen, increasingly restrictive legislation, has turned out to be a failure. Rather than improving the protection of archaeological heritage from ‚unauthorised‘ metal detecting, the ‚hobby‘ has grown steadily. Yet, the changes to the law have made protecting archaeology more difficult and are restricting civil liberties, quite possibly making the law itself illegal. Five decades on, Austrian archaeology isn‘t better off, but considerably worse, and it is mainly our attempts to prevent metal detecting that are to blame.

This collection of articles presents a series of snapshots of different aspects of the regulatory framework and practice of metal detecting (and related issues). Each shines a spotlight on a different context but underlying all of them is the same fundamental question. Although the focus of heritage law and management is on tangible property, i.e. objects and places, the debate always leads us back to the intangible and seemingly insoluble question of who should have the right to control access to the past. These articles speak with a variety of voices, some more forcibly than others. The resulting kaleidoscope of viewpoints illuminates the challenge of reaching a workable management regime for the archaeological heritage, at times highlighting points of convergence, at others the unbridgeable gulf between different communities of interest, all claiming a stake in the past.

While it is common to focus on the detail and intent of heritage law, this article focuses instead on the social and cultural attitudes of both archaeologists and finders towards the finding and ownership of portable antiquities, not least in the different laws regarding portable antiquities that operate within the United Kingdom.

The article analyses the Lithuanian system of the cultural heritage preservation and it's transformations from the 1987 to 1995. It was evident, that the system, formed during the Soviet era, does not ensure the preservation of the Lithuanian culture heritage. Consequently, after regain of Lithuania independence, the first aim was to form the completely new system of the cultural heritage preservation. The set up goals in this article are to ascertain the factors, which encouraged Lithuanian society to consider the necessity of the formation the new system, to define the initial vision, which in the beginning was seen by the heritage preservationists, to explore the process of the development of the modern Lithuanian heritage preservation system, to define the final results and to compare them with the primary vision. The main question is, did the embodied system correspond to the initial concept? Santrauka Straipsnyje nagrinėjama Lietuvos paveldo apsaugos sistemos reformavimo 1987–1995 m. problematika. Sovietiniais metais veikusi paveldo apsaugos sistema buvo neefektyvi ir neužtikrino Lietuvos kultūros paveldo įvairovės išsaugojimo. Todėl jau atgimimo laikotarpiu buvo suvoktas paveldosaugos sistemos reformavimo būtinumas. Straipsnyje siekiama atskleisti, kokios priežastys paskatino visuomenę prabilti apie sistemos reformos būtinumą, kokia buvo regima naujoji paveldo apsaugos sistema ir kaip pavyko ją įgyvendinti, ar galutiniai reformos rezultatai atitiko pradinę viziją? Reikšminiai žodžiai: paveldo apsaugos sistemos reforma, naujoji paveldo apsaugos sistema, paveldo apsaugos įstatymų priėmimas

Presuming that principles of international law reflect common values and moral attitudes of the humankind, the author analyses a mutual dissociation of three fields of international law – human rights to the city, rights to cultural heritage, and preservation of historic urban landscapes (HULs) – and looks for legal models of their cohesion. Based on analysis of legal and doctrinal texts of the UN, the UNESCO, the UNECE, the Council of Europe and the ICOMOS, the author states that since historic HULs usually are both heritage sites and habitats, people related multichotomous values and interests to them. Human rights to the city are equality, non-discrimination, social cohesion, security, protection for vulnerable persons and groups, right to public mobility, housing, education, healthy environment, etc. Legislation on culture and heritage is focusing on cultural identity, diversity, and continuity; it is paying less attention to human, civil, and communal rights, therefore may even pose a threat to them. The conventions cause this mutual dissociation less than confrontations while implementing. Next, issues of HULs usually are trans-sectorial, soluble on macro-levels, and located outside protected areas. However, on these macro-levels of development heritage tends to be treated as “marginal”, “out of system”, and might be perceived as excess activities, causing restrictions for other vital interests of communities and individuals. Social activities for cultural sustainability create tensions between communities and developers. Globalization pressures strengthen this tendency. Under such situation, heritage preservation may even threaten other human rights. On the other hand, HULs – due to their eco-cultural qualities – can sustain human well-being, dignity, and the right to life. These urban areas tend being sociopetal, coherent, and sustaining face-to-face interactions in a familiar and secure environment. Due to an important added value, created by them, integrated legislation has a huge cross-sectional potential for preservation and continuity of HULs’ in the context of human rights to the city. The new legal instruments that entered into force in 2011 – The UNESCO Recommendation on Historic Urban Landscapes and The Council of Europe Faro Convention – might be used as prototypes for cohesion of these and similar human rights. Santrauka Vadovaudamasi prielaida, kad tarptautinės teisės principai išreiškia bendrąsias žmogaus vertybes ir žmonijos etines nuostatas, autorė nagrinėja trijų naujų šios teisės šakų – žmogaus teisių į miestą, į kultūros paveldą ir istorinių miestovaizdžių(IM) išsaugojimo – tarpusavio atskirties priežastis ir ieško galimų kelių sanglaudos link. Remiantis JTO, UNESCO, JTEEK, Europos Tarybos, ICOMOS teisinių bei doktrininių tekstų analize teigiama, kad istoriniai miestai yra paveldas ir žmogaus būstas, todėl su jais siejasi alternatyvios vertės, interesai. Žmogaus teisės į miestą yra lygybė, nediskriminavimas, socialinė sanglauda, saugumas, pažeidžiamųjų globa, teisė į judumą, būstą, švietimą, sveiką aplinką. Kultūros ir paveldo teisėje svarbu tapatumas, įvairovė, tęstinumas, tačiau mažiau rūpi bendresnės žmogaus ir bendruomenių teisės. Atskirtį skatina ne tiek pačios konvencijos, kiek jų įgyvendinimas konfliktiškai supriešinant. Be to, IM problemos yra tarpsektorinės, makrolygmens, o išsaugojimo sprendimai glūdi anapus saugomų teritorijų. Tačiau šiuo vystymo lygmeniu paveldas dažnai laikomas „šalutiniu“, „nesisteminiu“ dalyku, o jo apsauga – pertekline veikla, varžančia gyvybiškus bendruomenių ir individų interesus. Visuomenės pastangos palaikyti tvarų kultūrinį vystymąsi susilaukia plėtros verslo pasipriešinimo. Tendenciją stiprina su globalizavimu susiję spaudimai. Dėl viso to paveldo apsauga gali netgi grėsti kitoms žmogaus teisėms. Kita vertus, IM dėl savo ekokultūrinių savybių gali palaikyti gerovę ir užtikrinti žmogaus orumą ir teisę gyventi – yra socialiai palankūs, skatina sanglaudą, saugumą, bendruomeniškumą ir bendravimą. Taip istoriniai miestai gali sukurti reikšmingą pridėtinę vertę. Todėl vienas bendras teisynas turi didžiulį tarpsektorinį potencialą IM integralumui išsaugoti, tęstinumui užtikrinti žmogaus teisių į miestą kontekste. 2011 m. įsiteisėjusios priemonės visų šių žmogaus teisių sanglaudai yra UNESCO rekomendacija dėl IM ir ET Faro konvencija. First Publish Online: 22 May 2013 Reikšminiai žodžiai: kultūrinės teisės, Europos Taryba, ES, paveldo teisė, istorinis miestovaizdis, žmogaus teisės į miestą, miestų išsaugojimas, JT-HABITAT, UNESCO, ICOMOS, tvarus kultūrinis vystymasis, konvencijos

The legal status of the renunciation of a bequest on the part of a public legal entity is discussed in the context of the fact that under Spanish law legatees are automatically awarded the property set out therein. As an act of extraordinary administration, written permission from the Holy See is required if the amount of the bequest exceeds that established by the Episcopal Conference. The possible application of this principle to the renunciation of gifts or offerings is also explored. [ABSTRACT FROM AUTHOR]

Presuming that principles of international law reflect common values and moral attitudes of the humankind, the author analyses a mutual dissociation of three fields of international law - human rights to the city, rights to cultural heritage, and preservation of historic urban landscapes (HULs) - and looks for legal models of their cohesion. Based on analysis of legal and doctrinal texts of the UN, the UNESCO, the UNECE, the Council of Europe and the ICOMOS, the author states that since historic HULs usually are both heritage sites and habitats, people related multichotomous values and interest to them. Human rights to the city are equality, non-discrimination, social cohesion, security, protection for vulnerable persons and groups, right to public mobility, housing, education, healthy, healthy environment, etc. Legislation on culture and heritage is focusing on cultural identity, diversity, and continuity; it is paying less attention to human, civil, and communal rights, therefore may even pose a threat to them. The conventions cause this mutual dissociation less than confrontations while implementing. Next, issues of HULs usually are trans-sectorial, soluble on macro-levels, and located outside protected areas. However, on these macro-levels of development heritage tends to be treated as "marginal", "out of system", and might be perceived as excess activities, causing restrictions for other vital interests of communities and individuals. Social activities for cultural sustainability create tensions between communities and developers. Globalization pressures strengthen this tendency. Under such situation, heritage preservation may even threaten other human rights. On the other hand, HULS - due to their eco-cultural qualities - can sustain human well-being, dignity, and the right to life. These urban areas tend being sociopetal, coheren, and sustaining face-to-face interactions in a familiar and secure environment. Due to an important added value, created by them, integrated legislation has a huge cross-sectional potential for preservation and continuity of HULs' in the context of human rights to the city. The new legal instruments that entered into force in 2011 - The UNESCO Recommendation on Historic Urban Landscapes and the Council of Europe Faro Convention - might be used as prototypes for cohesion of these and similar human rights [ABSTRACT FROM AUTHOR]

Abstract: Cultural heritage has been recognised to be intrinsically, economically and environmentally valuable, yet it is under pressure from a range of processes and impacts. The threats to it have been acknowledged by the global community, national governments and local people alike. This has triggered action including a rapid expansion of international heritage law in the last decade, which has both catalysed and complemented national and local initiatives. Fiji is a nation with a rich history and cultural heritage, now facing similar contemporary challenges to many other states. It is also a country that has sought to develop law and policy to protect a broad range of its heritage. This includes ratification of key international heritage treaties, as well as national and local initiatives. This article examines the laws, policies and programs in the Fiji Islands, which are focused upon heritage protection. Particular attention is given to indigenous Fijian intangible cultural heritage. This paper highlights the strengths of the Fijian approach, identifies the legal and administrative challenges that remain and makes recommendations for the future. The experience of Fiji is not isolated and it provides a valuable case study, which may offer important lessons to other small island developing states in the region. [Copyright &y& Elsevier]

The question of whether historic wrecks are risks or resources is a matter of perception and understanding. This paper discusses how shipwrecks can be, and have been, perceived as either risks and/or resources or neither, but yet how wrecks tend to be thoughtlessly labelled as resources, in particular by cultural heritage managers, a labelling with serious consequences for the management and curation of wrecks, encouraging or justifying actions by others which compromise the archaeological integrity and value of these sites. [ABSTRACT FROM AUTHOR]

This special volume of Conservation and Management of Archaeological Sites debates the priorities and pressures involved in the conservation and management of archaeological sites in the marine zone — above, across and below water on an international scale. The contributors represent a cross-section of practitioners drawn from industry, the public sector and academia, working literally around the entire globe from Australia to Argentina by way of the UK, US and elsewhere. They consider, among other things, threats to coastal and submerged cultural resources in the light of farming and industrial development, the management of historic wreck sites and viability of in situ preservation, the impact of national programmes such as the UK Aggregates Levy Sustainability Fund, and the future management of underwater cultural heritage via tools such as the newly ratified 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. [ABSTRACT FROM AUTHOR]

Submerged cultural resource managers have a daunting task; balance the protection of the underwater cultural heritage without denying or unfairly restricting economic development of the coastal zone. Underwater archaeological resources such as historic shipwrecks and submerged prehistoric sites can and have been impacted by fishing, farming, and energy development — both 'traditional' (i.e. hydrocarbon-based) and 'renewable' (i.e. wind, water, and thermal). This paper discusses the numerous stakeholders involved in the utilization of coastal and underwater resources, and how archaeological sites are mapped, managed, mitigated for and preserved within the pursuit of marine resources. [ABSTRACT FROM AUTHOR]

The UNESCO Convention on the Protection of the Underwater Cultural Heritage was designed to come into force after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession (Article 27). This occurred in January 2009 after the deposition of an instrument of acceptance by Barbados on 2 October 2008. Now the Convention is in force it creates binding obligations under international law between those States Parties. But it will do more than this; in March 2009 the Director-General of UNESCO convened a meeting of States Parties in Paris, to decide the functions, responsibilities and rules of procedure in relation to the Convention. This paper discusses the implications of the Convention at both the domestic and international levels, considers why some nations have not chosen to ratify, and how such objections might be overcome. [ABSTRACT FROM AUTHOR]

Defining 'in situ' in management terms is usually more difficult in practice than in theory. Ideally, 'in situ' preservation is a process whereby the preferred management option is to leave underwater cultural heritage in place where it was discovered, so long as this does not result in significant damage to the resource. However, it must always be kept in mind that in situ preservation is not always the best option for all time — or even at the time of discovery. Some underwater cultural heritage is threatened by erosion, storms, looting, salvage, development and other factors. In addition, sometimes there are valid research questions that can best (or only) be answered through excavation. This paper discusses these questions in relation to domestic and international laws and in particular in consideration of the recently ratified UNESCO Convention on the Protection of the Underwater Cultural Heritage. [ABSTRACT FROM AUTHOR]