By : Purvi Agarwal

Abstract

Underwater Cultural Heritage is a relatively less explored part of the maritime domain and does not occupy the space in international discourse that it deserves. This article seeks to understand and define Underwater Cultural Heritage(UCH) and how it is entangled in international disputes, legal battles, and economic interests, highlighting its role in contemporary maritime geopolitics. It aims to delve into UCH, establishing its importance and significance in current times, particularly tying it to maritime geopolitics and setting a strong base to further build an analysis of the various territorial and water claims through underwater cultural heritage artefacts and sunken ships.

Understanding Underwater Cultural Heritage and The UNESCO Convention 

The literature on underwater studies remains limited, with few linkages to underwater cultural heritage. UNESCO’s Convention on the Protection of Underwater Cultural Heritage, 2001 serves as the sole white paper and a solid academic and policy-based source. It acts as a foundational document to understand the intersection between underwater cultural heritage and international cooperation, enabling nations to establish a common framework for its recognition, protection, and preservation. It links extensively and intrinsically to soft power, cultural and historical heritage, territorial disputes, and exclusive economic zones’ significance. 

Soft power binds nations and people together and tells stories; similarly, UNESCO seeks to protect and raise awareness of these traces of the past, which tell a tale of humanity but in a rather unique way.  Oceans, seas, lakes, rivers and streams hide a treasure trove of heritage, such as shipwrecks and everyday things; in some instances, they have turned out to be far more valuable than one could imagine. Underwater Cultural Heritage (UCH) is not just about preserving history—it is also a geopolitical tool through which states assert sovereignty, project cultural diplomacy, and legitimise territorial claims by leveraging historical narratives and symbolic identity.

The 2001 convention recognised that much of it is primarily undervalued and provided a common legal framework for parties for identification, protection, as well as research, and to ensure preservation and sustainability. It was convened on 2 November 2001 in Paris, France, at the 31^st General Conference of UNESCO. There were 79 state parties present. Underwater Cultural Heritage was formally defined as traces of human existence with cultural, historical, or archaeological significance that have been submerged in oceans, lakes, or rivers for at least 100 years. The Convention does not affect sovereign rights or jurisdiction under international law, including the United Nations Convention on the Law of the Sea, but merely suggests that state parties must respect human remains found in maritime waters and encourage responsible, non-intrusive access to heritage sites for educational purposes. 

Further, Article 9 of the convention states that parties have a responsibility to protect underwater cultural heritage in the exclusive economic zone and continental shelf. They must report discoveries or activities related to underwater heritage. Also, article 16 states that states should further ensure their citizens and vessels shall do the same. The convention can serve as a platform for cultural diplomacy, where states cooperate on shared interests in protecting cultural heritage, thus promoting peaceful relationships. Joint archaeological projects or shared exhibitions can build bridges between nations and foster collaborative initiatives that transcend political differences.

Drowning in Disputes: The Geopolitics of Underwater Cultural Heritage

Underwater cultural heritage, as established before, is a significant aspect of soft power and cultural diplomacy. However, it is often located in contested maritime zones, adding possibilities for resource-driven conflicts. Claims often reinforce historical narratives and national identity; some UCH disputes escalate into naval confrontations, such as increased military presence in maritime zones with historical artefacts.  Moreover, in certain instances, it overlaps with Exclusive Economic Zones (EEZs) and disputed waters of various member states. Although UNESCO promotes the safeguarding of UCH as a collective human legacy, major powers are progressively employing it as a legal rationale for territorial expansion. The South China Sea (SCS) is a crossroads of tensions, conflicts and various claims by member states; it can be considered a suitable example of an instance where artefacts or shipwrecks have been used as evidence of territorial claims. China has put forth the argument that the ancient shipwrecks from the Ming Dynasty satisfy the criteria for territorial claim and justify its extensive nine-dash line. This reinforces the state’s sovereignty narrative while increasing its naval presence in disputed waters. Additionally, the discovery of Chinese shipwrecks has been leveraged in diplomatic and military posturing against Vietnam and the Philippines in the case of Paracel and Spratly Islands to strengthen their claims for sovereignty in contested waters. 

Similarly, the Aegean Sea also faces a tug-of-war with Greece and Turkey and their long-standing territorial disputes. In this context, UCH has further exacerbated the tensions due to historical and cultural significance—a flashpoint in their geopolitical and economic rivalry. Greece argues that the submerged ruins of ancient Greek cities in disputed waters strengthen its sovereignty claims, while Turkey asserts competing narratives based on Ottoman-era artefacts. Interestingly, this is also seen through the legal aspect in the case of Spain vs. Odyssey Marine Exploration, 2007, which was essentially a legal battle over a sunken Spanish treasure galleon, showcasing conflicts between national heritage and private salvagers. 

Final Remarks

There is a scarcity of comprehensive academic and policy-orientated discourse on this subject, and territorial and sovereignty claims are majorly fought with a land-centric lens—emphasising the acquisition of land, expansion of borders, and the consolidation of power—while largely overlooking the maritime domain and its cultural dimensions. However, there is considerable debate and several challenges, with the economic and strategic stakes, legal gaps, and enforcement issues. Deep-sea exploration becomes more prevalent, the potential for maritime disputes is likely to increase. In response, international legal frameworks—particularly the United Nations Convention on the Law of the Sea (UNCLOS)—must evolve to more effectively address and mediate these emerging conflicts. UCH is not just about history—it’s about who controls the past to shape the present and future. The lack of universal ratification of the 2001 UNESCO Convention weakens its enforcement, allowing powerful states to sidestep legal constraints. Moving forward, stronger international governance mechanisms are needed to balance cultural preservation with geopolitical realities, such as expanding the Legal Framework to create an International UCH Arbitration committee or establishing joint archaeological initiatives in disputed waters to reduce diplomatic tensions and promote cultural exchange. 

About the Author 

Purvi Agarwal is pursuing a B.A. (HONS) in Diplomacy and Foreign Policy at Jindal School of International Affairs, O.P. Jindal Global University. She is a research associate at the Centre for Analytical Research and Engagement and a Research Assistant at the Jindal Global Centre for G20 Studies. She has worked with ABP Network, NDTV, and the Europe India Centre for Business and Industry. Her interests include Foreign Policy, East and South Asian Studies, European Studies, and Sustainability. She is proficient in Hindi and English, with certifications in German and Japanese.

Image Source : UNESCO