The UNESCO Draft Convention on the Protection Conclusion This article started with three questions which a State needed to address in deciding whether the Draft Convention provides a system they would like to support: 1. is the meaning of the substantive provisions of the draft clear and acceptable; 2. Are the provisions compatible with existing international law in respect of which States have an interest in securing their legitimate expectations of each other, and 3. Do the provisions deliver the consensus support necessary for effective implementation. It was stated that unless all of these could be answered in the affirmative, the Convention was not a viable option although it might contain elements which do meet such criteria and could be adapted for use within another context. Throughout the article it became clear that the substantive meaning of the draft articles is often far from transparent and due to the ongoing drafting process, none of the articles seems to be near reaching a final phase. The principles stated in the preamble not only express the aim of the Convention but also provide guidance as to the means by which such an aim is to be achieved. It is unfortunate that effective exposition of these principles is undermined by the lack of clarity and practicality in the substantive provisions. The relationship with LOSC 82 falls short of the required level of compatibility. Provisions still contradict the guiding principles of LOSC 82 although this may be due to the drafting phase and a final word on compatibility as such has not been voiced. With regard to the question of consensus, most of the substantial provisions raise questions on which States have yet to find mutually acceptable solutions in spite of the time they have already spent in discussion. Vague provisions based on unstated compromises are certain to spawn inconsistent interpretation when it comes to implementation. Thereby having the risk of rendering the document meaningless.
True to say, most of the reasons contributing to the current state of the document can be attributed to the meagre preparation of State delegates during the first two expert meetings, their lack of knowledge on the issues involved as well as scarcity of time. However, none of these reasons provides justification for the substance of the provisions or the framework chosen. Whilst it might be thought the defects noted are to be expected as part of the drafting process, unless the underlying principles are pre disposed for further negotiations to achieve consensus within the current framework little is possible. Accordingly, a lot will depend on the next expert meetings which will either rise to the challenge of proposing ways by which consensus can be reached or permit negotiations to be come ossified. Nevertheless, The Draft Convention does yield important principles on which consensus exist and elements which when used for development could provide a very useful basis for approaching the issue in another manner. The first four comprise guiding principles found in the pre-amble of the Convention.
1. That underwater cultural heritage should be preserved for the benefit of humankind. This extends the principle applicable to the Area under LOSC 82, Article 149 to all underwater cultural heritage. 2.That in order to ensure effective protection and ensure that humankind will benefit there is a primary obligation on the part of States of shared responsibility.
3.That unless the interests of humankind can be better served, preservation in situ is the principle which should govern decision making. 4.That conformity with international law, particularly the codification and development of the Law of the Sea by LOSC 82, cannot be departed from and that the legitimate expectations of States from the same cannot be infringed. In addition to these guiding principles, the Draft Convention provides for elements deriving from the substantive provisions of the Draft Convention by which the guiding principles can be developed into practical application, which support or give meaning to the above principles in practical terms either in 1. the identification of underwater cultural heritage, 2. the identification of relevant interests, 3. the accessing of the underwater cultural heritage, and 4. the institutional framework required.
That clear criteria are needed to determine what constitutes cultural heritage. The Draft Convention provides a definition depended on age however there is lack of consensus driven by concerns that this would require everything to protected on one side of the threshold and prevent protective measures being adopted in relation to important finds on the other side of the threshold. To retain consensus a definition can be developed which would proceed on a case by case basis by allowing States to decide by declaring an interest those finds they consider being part of the cultural heritage and in regard to which they acknowledge their duty of protection. In effect this would mean that the interest of States would determine whenever underwater cultural heritage is regarded as worth preserving and protecting regardless of age or of location. That certain States have an interest in the protection of any individual find of cultural heritage. This is referred to throughout the Draft Convention as well as in Article 149 LOSC 82. As such consensus already exist to support consolidation of the position of interested States and could serve as a basis not only defining cultural heritage but also providing for its effective management. That finds should be notified and that a reporting system should exist by which interested States can be identified. The duty a State is obligated to impose on finders that they notify the appropriate organisation of the finds is of the utmost importance to know what to protect. This requires co-operation from all constituencies involved and a clear and a well functioning bureau to report the find to. Moreover this ensures that States become aware of underwater cultural heritage in which they may have an interest but which is otherwise unknown and located in zones beyond their jurisdiction. That without the effective dissemination of information it is unlikely that sufficient will be known for underwater cultural heritage to receive appropriate protection. The duty to share information and the quality of information disseminated as well as its use is clearly elaborated in practical terms with regard to education and training. The transfer of information requires however, an effective functioning domestic system and co-operation between States and other constituencies involved extending to the flow of information regarding finds, knowledge needed to conserve and protect underwater cultural heritage, and the transfer of information on underwater technology. As will be seen in Chapter V, LOSC 82 provides similar elements by which this could be supported. That in respect of any activity taking place in zones outside the territorial waters of a State, due regard to the interests of other States will be shown. This is a reiteration of a core principle of LOSC 82 and restated within the Draft Convention. 3. The accessing of the underwater cultural heritage, That States have a duty to co-operate in protection of the underwater cultural heritage for the benefit of humankind. Without co-operation nothing will be achieved and therefore this duty can be regarded as an essential and pervasive adjunct to the principle of shared responsibility noted in the preamble. That of participation of all constituencies having an interest, implicitly an element of co-operation and shared responsibility and the recognition that without the participation of all constituencies no effective mechanism can be achieved. That a shared responsibility exist with regard to management and conservation projects. This can be developed by recognising that financial implications ensue from such an obligation, which implications can be controlled by States by their decision to notify or decline an interest in the find. That reasonable measures need to be taken by a State to preserve the underwater cultural heritage for the benefit of humankind. This is an important element of the Draft Convention and supports a level of obligation which can be expected of States in ensuring underwater cultural heritage benefits humankind. That certain minimum standards exist by reference to which the protection of underwater cultural heritage, either in situ or recovered can be achieved and in disregard to which can be threatened. Although the content of these standards within the context of the Convention Annex are still under discussion the reference to them throughout the draft Convention express a useful element of general application. That when activities are in conformity with applicable standards they promote the access by humankind to the underwater cultural heritage and should thus be permitted. Although States have the discretionary power to provide permits it has been suggested that if a permit is denied in cases which comply with the requisite standards then a State will be hindering the accomplishment of the Conventions aim. Implicit in this is a duty to provide permits in appropriate circumstances so that legitimate operations will not be hindered and could be linked with import certification. The absence of a permit also facilitates a further principle that illegitimate material must be seized by a port State with appropriate sanctions being applicable. The Draft Convention applies the permit system in a discretionary way and the seizure and sanction principle in an obligatory manner. The system of seizure and permits has potential for development when supplemented by clear standards which would ensure legal security to those involved in the activities.
That States provide competent national services so as to ensure effective implementation of the Draft Convention. This element is fundamental because without effective national competence any role for an international institution would be rendered inoperative. That an international institution is necessary to ensure consistent and effective protection, to co-ordinate between States and to assist them in developing the necessary level of competence. In this regard, the Draft Convention attributes rights and duties to UNESCO. If an effective regime is to be established, the institutional framework will have to be developed in parallel with other elements noted as so to encompass dispute settlement, decisions on seizure and protection, the dissemination and collection of information, providing data bases and providing guidelines with regard to permits. That with regard to the exercise of these duties, a combination of flag, port and nationality jurisdiction would ensure clear addressees and responsibility for the permits-, notification and reports- and seizure system. That the peaceful settlement of disputes should be provided for as the Draft Convention did. That this can be developed to encompass a variety of mechanisms. Annex: The UNESCO Draft Convention for the Protection of the Underwater Cultural Heritage 1999 The Preamble The States Parties to the present Convention, Acknowledging the importance of underwater cultural heritage as an integral part of the cultural heritage of humanity and a particularly important element in the history of peoples, nations, and their relations with each other concerning their shared heritage; Noting growing public interest in underwater cultural heritage; Aware of the fact that underwater cultural heritage is threatened by unsupervised activities not respecting fundamental principles of underwater archaeology and the need for conservation and research of underwater cultural heritage; Aware further of increasing commercialisation of efforts to recover underwater cultural heritage and availability of advanced technology that enhances identification of and access to wrecks; Conscious also of growing threats to underwater cultural heritage from various other activities, namely exploitation of natural resources of various maritime zones, construction, including construction of artificial islands, installation and structures, laying of cables and pipelines; Believing that co-operation among States, marine archaeologists, museums and other scientific institutions, salvors, divers and their organizations is essential for the protection of underwater cultural heritage; Considering that exploration, excavation, and protection of underwater cultural heritage necessitates the application of special scientific methods and the use of suitable techniques and equipment as well as a high degree of professional specialisation, all of which indicates a need for uniform governing criteria; Recognising that underwater cultural heritage should be preserved for the benefit of humankind, and that therefore responsibility for its protection rests not only with the State or States most directly concerned with a particular activity affecting the heritage or having an historical or cultural link with it, but with all States and other subjects of international law; Bearing in mind the need for more stringent measures to prevent any clandestine or unsupervised excavation which, by destroying the environment surrounding underwater cultural heritage, would cause irremediable loss of its historical or scientific significance; Realizing the need to codify and progressively develop rules relating to the protection and preservation of underwater cultural heritage in conformity with international law and practice, including the United Nations Convention on the Law of the Sea of 10 December 1982; Convinced that information and multidisciplinary education about underwater cultural heritage, its historical significance, serious threats to it, and the need for responsible diving, deep-water exploration and other activities affecting it, will enable the public to appriciate the importance of underwater cultural heritage to humanity and the need to preserve it; and Committed to improving the effectiveness of measures at international and national levels for the preservation in place or, if necessary for scientific or protective purposes, the careful removal of underwater cultural heritage that may be found beyond the territories of States; Have agreed as follows: Article 1: Definitions For the purposes of this Convention: 1.(a) "Underwater cultural heritage" means all traces of human existence [which have been] partially, totally or periodically [situated] underwater for at least 100 years [or are 100 years old and underwater], including: (i) sites, structures, buildings, artefacts and human remains, together with their archaeological and natural contexts; and (ii) wreck such as a vessel, aircraft, other vehicle or any part thereof, its cargo or other contents, together with its archaeological and natural context. (b) Notwithstanding the provision of paragraph 1 (a), a State Party may designate certain traces of human existence within its jurisdiction as constituted underwater cultural heritage even though they have been underwater for less than 100 years. 2. "States Parties" means States which have consented to be bound by this Convention and for which the Convention is in force. 3. "UNESCO" means UNITED Nations Educational, Scientific and Cultural Organisation. 4. "Director General" means the Director-General of UNESCO. 5. ["Convention" means the United Nations Convention on the Law of the Sea.] [6. "activity directed at underwater cultural heritage" means activity having underwater cultural heritage as its primary object and which may, directly or indirectly, physically disturb or otherwise damage underwater cultural heritage.] Article 2, Scope of the Convention 1. [This Convention applies to underwater cultural heritage found at sea.] 1. [This Convention shall apply to underwater cultural heritage irrespective of its location and to activities which concern it or threaten it.] [2.This Convention shall not apply to the remains and contents of any warship, naval auxiliary, other vessel or aircraft owned or operated by a State and used, at the time of its sinking, only for non-commercial purposes.] [Article 2bis: Relationship between this agreement and the Convention [Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of States under the Convention. [This Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention]] Article 2ter: Regional agreements (would be placed here if Option 1 for Articles 5 and 6 is adopted.
Article 3: General Principle States Party shall take all reasonable measures to preserve underwater cultural heritage for the benefit of humankind in accordance with the provisions of this Convention. [2. To that end, States Parties shall take all necessary measures to co-operate, specifically in the event of common interest by reason of the localization of the wreck and the flag State or because of the same cultural, archaeological or historical origin.] Article 4 Underwater Cultural Heritage in Internal Waters, Archipelagic Waters and Territorial Sea 1. States Parties, in the exercise of their sovereignty, have the exclusive right [in accordance with Article 2][without prejudice to Article 2] to regulate and authorise [activities directed at] underwater cultural heritage in their internal waters, archipelagic waters and territorial sea. 2. Without prejudice to other international agreements and rules of international law regarding the protection of underwater cultural heritage, States Parties [should take all necessary measures to ensure][shall require] that, at a minimum, the rules in the Annex be applied to [activities directed at] underwater cultural heritage in their internal waters, archipelagic waters and territorial sea. Article 4a bis Underwater Cultural Heritage in the Contiguous zone States Parties may [in applying Article 303 (2) of the United Nations Convention on the Law of the Sea] regulate and authorise [in accordance with Article 303 (2) of the United Nations Convention on the Law of the Sea [activities directed at] underwater cultural heritage within their contiguous zone. In doing so, States Parties [shall] [should] require compliance, at a minimum, with the rules of the Annex. Working Group 3 Results, 23 April 1999 Option 1 Article 5 Underwater Cultural Heritage in the Exclusive Economic Zone and on the Continental Shelf 1. States Parties shall require that any discovery relating to underwater cultural heritage occurring in their exclusive economic zone or on their continental shelf be reported to their competent authorities. 2. States Parties may regulate [activities directed at] underwater cultural heritage in their exclusive economic zone and on their continental shelf. In doing so, States Parties shall require compliance, at a minimum, with the rules of the Annex, in particular taking into account the needs of conservation and research. 3. States Parties may deny the conduct of [activities directed at] underwater cultural heritage having the effect of [unjustifiable] [interfering with the exploration or exploitation of their natural resources, whether living or non living, and with other rights or jurisdiction which they enjoy under the United Nations Convention on the Law of the Seas in these areas]. 4. States may enter into regional or bilateral agreements, or develop existing agreements, for the preservation of common underwater cultural heritage. For this purpose, they may adopt rules and regulations which may be more stringent than those adopted at global level. [These agreements will be open to States of cultural origin and States of historical and archaeological origin]. Article 6 Non-use of Areas under the Jurisdiction of the Coastal State State Parties shall take measures to prohibit the use of their territory, including their maritime ports and off-shore terminals, or other area under their jurisdiction or control in support of any [activity directed at] underwater cultural heritage and inconsistent with the rules of the Annex. Article 7 Prohibition of Certain Activities by Nationals and Ships 1. States Parties shall take all practical measures to ensure that [their nationals and] vessels flying their flag refrain from engaging in any [activity directed at] underwater cultural heritage in a manner inconsistent with the rules of the Annex. 2. Measures to be taken by a State Party in respect of [its nationals and] vessels flying its flag shall include: (a) prohibition of [activities directed at] underwater cultural heritage in areas where no State Party exercises control under Article 5 (2) otherwise than in accordance with the rules of the Annex; (b) all practicable measures to ensure that they do not engage in [activities directed at] underwater cultural heritage within the exclusive economic zone or continental shelf of a State Party which exercises control under Article 5 (2) in a manner contrary to the laws and regulations of that State. Option 2 Article 5 Underwater Cultural Heritage in the Exclusive Economic Zone and on the Continental Shelf In the exercise of their sovereign rights in the exclusive economic zone and on the continental shelf, as provided for in the United Nations Convention on the Law of the Sea, States Parties shall take account of the need to protect underwater cultural heritage in accordance with this Convention. Article 6 Non-use of Areas under the jurisdiction of the Coastal State 1. All States parties shall take measures to prohibit use of their territory, including their maritime ports and off-shore terminals, or other area under their jurisdiction or control in support of any activity directed at underwater cultural heritage and inconsistent with the rules of the Annex. 2. This provision shall apply to any such activity beyond that State’s territorial sea but not within an area over which another State exercises control [in accordance [with customary international law as reflected in the United Nations Convention on the Law of the Sea] unless requested by that State. Article 7 Prohibition of certain activities by nationals and ships 1. States Parties shall require that any discovery relating to underwater cultural heritage by their nationals or through the activities of vessels flying their flag in the exclusive economic zone or the continental shelf of another State be reported to the competent authorities of that State or the State of origin, or the State of cultural origin, or the State of historical and archaeological origin. 2. Measures to be taken by a State Party in respect of [its nationals and] vessels flying its flag shall include:
New Article Article 2 ter Regional Agreements States may enter into regional or bilateral agreements, or develop existing agreements, for the preservation of common underwater cultural heritage. For this purpose, they may adopt rules and regulations which may be more stringent than those adopted at global level. [These agreements will be open to States of cultural origin and States of historical and archaeological origin]. Option 3 [Article 2 bis relationship between this Convention and UNCLOS Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under the United Nations Convention on the Law of the Sea. [This Convention shall be interpreted and applied in the context of and in a manner consistent with UNCLOS]] Article 2 ter Regional Agreements States may enter into regional or bilateral agreements, or develop existing agreements, for the preservation of common underwater cultural heritage. For this purpose, they may adopt rules and regulations which may be more stringent than those adopted at global level. [These agreements will be open to States of cultural origin and States of historical and archaeological origin]. Article 5 Underwater cultural heritage in the exclusive economic zone and on the continental shelf 1. A State party shall be notified of any activity or discovery relating to underwater cultural heritage occurring in its exclusive economic zone or on its continental shelf. 2. Such State party shall take appropriate measures for the assessment and registration of that information. 3. States shall, where appropriate, exchange this information with the competent authorities of other interested States, in particular the State whose nationals reported the discovery. Such information shall be transmitted to UNESCO. 4. States may authorise protective interventions and scientific research of the discovered underwater cultural heritage. To this end they shall consult the competent authorities of a State whose nationals or vessels flying its flag intend to engage in such activity and shall ensure that such activity: (a) complies, at a minimum, with the rules of the Annex; (b) involves the participation of competent experts of the State Party in whose exclusive economic zone or on whose continental shelf the discovered underwater cultural heritage is located.
Article 6 Prohibition of Certain Activities by Nationals and Ships All States parties shall take all practicable measures to ensure that [their nationals] and vessels flying their flag do not engage in any activity [directed at] underwater cultural heritage in a manner inconsistent with this Convention and its Annex, or the laws and regulations of the State party in whose exclusive economic zone or on whose continental shelf such underwater cultural heritage is located, as appropriate. Article 7 Underwater Cultural Heritage in the Area 1. Any discovery of underwater cultural heritage in the Area, as defined in Article 1, paragraph 1 (1) of the United Nations Convention on the law of the Sea, shall be reported [by the State whose nationals or vessels flying its flag made such discovery to the Director General of UNESCO, who in turn shall transmit such information to the Secretary- General of the International Seabed Authority as soon as possible.] 2. [UNESCO shall inform of the discovery of all States that enjoy preferential rights under Article 149 of the UN Convention on the Law of the Sea]. [Article 7bis Underwater Cultural Heritage in the Area Any discovery of underwater cultural heritage in the area, as defined in Article (1) of the United Nations Convention on the Law of the Sea, shall be reported by the finder to the Secretary –General of the International Seabed Authority, which shall transmit the information to the Director General of the United Nations Educational Scientific and Cultural Organisation.]
[Article X Activities Incidentally Affecting Underwater Cultural Heritage 1. Each Sate Party shall take reasonable measures to ensure that activities are avoided that adversely affect known underwater cultural heritage in its internal waters, archipelagic waters, territorial sea, exclusive economic zone or on its continental shelf. 2. Where a State Party designates as requiring special protection underwater cultural heritage in its internal waters, archipelagic waters, territorial sea, exclusive economic zone or on its continental shelf, it shall take all necessary measures to ensure that activities do not adversely affect such underwater cultural heritage. 3. Where UNESCO designates as requiring special protection underwater cultural heritage in the Area, each State party shall take all necessary measures to ensure that vessels flying its flag do not undertake activities that adversely affect such underwater cultural heritage.] Article 8 Permits A State Party may [issue] Should an excavation or retrieval of underwater cultural heritage occur without a prior authorisation of a State Party, the State Party may issue permits allowing entry of such underwater cultural heritage into its territory, provided that excavation and retrieval activities have been conducted in accordance with the operative provisions of the Charter. Article 9 Seizure of Underwater Cultural Heritage 1. Subject to Article 8, each State Party shall provide for the seizure of underwater cultural heritage excavated or retrieved in a manner not in conformity with [the operative provisions of the Charter] the rules of the Annex, which is brought to its territory [2. A State shall seize underwater cultural heritage known to have been excavated or retrieved from the exclusive economic zone or on the continental shelf of another State Party exercising control of those areas in accordance with Article 5 paragraph 2 to 5 above only after the request or with the consent of that State.] Article 10: Other sanctions 1. Each State Party shall impose criminal, administrative [or civil] sanctions for importation of underwater cultural heritage which is subject to seizure under Article 9. 2. State Parties [shall Article 11: Notification Requirements and Treatment of Seized Underwater Cultural Heritage 1. Each State Party undertakes to record, protect and take all reasonable measures to conserve underwater cultural heritage seized under this Convention. Each State Party shall notify its seizure of underwater cultural heritage under this Convention to the [Director-General of UNESCO] and to any other State Party which is known to have a cultural heritage interest therein. Article 12: Disposition of Underwater Cultural Heritage 1. A State Party which has seized underwater cultural heritage shall decide on its ultimate disposition for the public benefit taking into account the needs of conservation and research, including the need for re-assembly of a dispersed collection, as well as public access, exhibition and education, and the interests of those States which have expressed a national heritage interest in it [pursuant to their preferential rights as State of origin, State of cultural origin, or State of historical and archaeological origin]. 2. [States Parties shall provide for the non-application of any internal law or regulation having the effect of providing commercial incentives or any other reward for the excavation and removal of underwater cultural heritage.] Article 13: Collaboration and Information-Sharing 1. Whenever a State has expressed a national interest in particular underwater cultural heritage to another State Party, the latter shall consider collaborating in the investigation, excavation, documentation, conservation, study and cultural promotion of the heritage. 2. To the extent compatible with the purposes of this Convention, each State Party undertakes to share information with other States Parties concerning underwater cultural heritage, such as but not limited to, discovery of heritage, location of heritage, heritage excavated or retrieved contrary to [the operative provisions of the Charter Rules of the Annex] or otherwise in violation of international law, pertinent scientific methodology and technology, and legal developments relating to heritage. 3. Whenever feasible, each State Party shall use appropriate international databases to disseminate information about underwater cultural heritage excavated or retrieved contrary to [the rules of the Annex] the operative provisions of the Charter or otherwise in violation of international law. Article 14 Underwater Cultural Heritage in the Area Article 15: Education Each State Party shall endeavour by educational means to create and develop in the public mind a realisation of the value of the underwater cultural heritage as well as the threat to this heritage posed by violations of this Convention and non-compliance with the Rules of the Annex Charter. Article 16: Training in underwater archaeology 1. States Parties shall take measures to further research in accordance with [the operative provisions of the Charter Rules of the Annex] by providing training in underwater archaeological investigation and excavation methods and in techniques for the conservation of underwater cultural heritage, or by encouraging the competent bodies or organisations to do so. 2. States Parties shall co-operate to promote training and transfer of technology relating to underwater cultural heritage. Article 17: Assistance of UNESCO 1. States Parties may call upon the UNESCO for technical assistance concerning underwater cultural heritage as regards information and education, consultation and expert advice, co-ordination and good offices, [or in connection with any [technical] problem arising out of the application of the present Convention or the operative provisions of the Charter Rules of the Annex.] 2. The Organisation shall accord such assistance within the limits fixed by its programme and by its resources 3.The Organisation may on its own initiative, conduct research and publish studies on matters relevant to the protection of the underwater cultural heritage.] [The organisation shall inform States Parties on activities directed at cultural heritage]. Article 18: National services In order to ensure effective implementation of this Convention, States Parties undertake to expand the activities of existing competent national services or, if appropriate, to establish national services for that purpose. 3. State Parties shall establish an internal procedure or procedures for resolving disputes concerning whether or not an activity affecting underwater cultural heritage is in conformity with the operative provisions of the Charter Para. 2 and 3 deleted Article 19:Peaceful Settlement of Disputes Any dispute between two or more States Parties concerning the interpretation or application of the present Convention or the operative provisions of the Charter Rules of the Annex and not settled by negotiation shall, at the request of any of the parties to the dispute, be submitted to arbitration. If the States Parties are unable to agree on the constitution of the arbitral tribunal within six months from the date of the request for arbitration, any of the parties to the dispute may refer the dispute to the International Court of Justice. Article 20, ratification, acceptance, approval or accession 1. Member States of UNESCO, as well as Non-member States of UNESCO which have been invited by the Executive Board of UNESCO may become Parties to this Convention by depositing with the Director-General of UNESCO an instrument of ratification, acceptance, approval or accession. 2.The Convention shall enter into force three months after the deposit of the fifth instrument referred to in paragraph 1, but solely with respect to the five states that have so deposited their instruments. It shall enter into force for each other State three months after that State has deposited its instrument. Article 21, Reservations and Exceptions No reservations or exceptions may be made to this Convention. Article 22 Amendments1.A State Party may, by written communication addressed to the Director-General of UNESCO, propose amendments to this Convention. The Director-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Director-General shall present such proposal to the General Conference of the UNESCO for adoption. 2.Once adopted, amendments to this Convention shall be subject to ratification, acceptance, approval or accession by the States Parties, unless otherwise provided in the amendment itself. 3.Articles 20, 21 and 23 shall apply to all amendments to this Convention. 4.Amendments to this Convention shall enter into force for the States Parties accepting or acceding to them three months after the deposit of the instruments referred to in paragraph 2 by two thirds of the States Parties. Thereafter, for each other State Party it shall enter into force three months after the deposit of its instruments. 5.An amendment may provide that a smaller or a larger number of acceptance or accessions shall be required for its entry into force than are required by this Article. 6. A State which becomes a Party to this Convention after the entry into force of amendments in accordance with paragraph 4 shall, failing an expression of different intention by that State: (a) be considered as a Party to this Convention as so amended, and
Article 23 Denunciation1.A State Party may, by written notification addressed to the Director-General of UNESCQ denounce this Convention.2.The denunciation shall take effect twelve months after the date of receipt of the notification, unless the notification specifies a later date. 3. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Convention to which it would be subject under international law independently of this Convention, Article 24 The Charter 1.The operative provisions of the Charter The Charter annexed to this Convention form an integral part of it, and, unless expressly provided otherwise, a reference to this Convention or to one of its Parts includes a reference to the operative provisions of the Charter Rules of the Annex relating thereto. 2. 7he Charter may be revised from time to time by the International Council of Monuments and Sites. Revisions of the operative provisions shall be deemed to be revisions of the annexed operative provisions. The Director-General of the United Nations Educational Scientific and Cultural Organisation shall notify all States Party to this Convention of the text of such revisions. States Parties shall be bound by the revisions, except those States Parties that notify the depository of their non-acceptance in writing. Such notification shall be made within six months after the receipt of the notification of the text of revisions. 3. A State which becomes a Party to this Convention after the adoption of amendments to the operative provisions of the Charter in accordance with paragraph 2 shall: (a) be considered to have accepted the operative provisions of the Charter Rules of the Annex as so amended; and (b) be considered as having accepted the unamended operative provisions of the Charter Rules of the Annex in relation to any State Party not bound by the amendments to the operative provisions of the Charter.
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