CHINA'S COOPERATIVE PROTECTION OF UNDERWATER CULTURAL HERITAGE IN THE SOUTH CHINA SEA

The status quo protection of shared underwater cultural heritage (UCH) in the South China Sea is characterised by extensive claims by the disputant countries. There are four factors that have impeded the establishment of a regional UCH protection regime: political reluctance, divergent laws, different definitions of UCH and the commercial exploitation policy. To establish a cooperative UCH protection mechanism in the South China Sea, China should promote that (1) UCH's role in supporting sovereignty and maritime claims must be demythologized; ( 2) the definitions of UCH in different legislations should be assimilated; (3) the disputant countries should claim ownership of and jurisdiction over UCH in the disputed waters in accordance with international law; (4) UCH State vessels should be given special consideration in order to comply with customary international law and preserve the national dignity and interests of the disputant countries and (5) the commercial exploitation policy should be terminated.