Hayley Roberts

This paper presents the key contributions of marine cultural heritage to the survival of coastal ecosystems and the communities that rely on them in East Africa. Marine cultural heritage (MCH) describes the evidence of past human interactions with coastal and marine space, encompassing tangible material culture remains and associated intangible cultural expressions within coastal communities. By incorporating the protection of MCH into local and regional environmental frameworks, we gain an essential indicator to monitor change dynamics in natural habitats, the cumulative impacts of climate change, and the development of social adaptation strategies. An essential aspect of this development is the move away from global sustainability strategies towards community-centric management and stewardship. Such processes utilise a combination of traditional knowledge systems and scientific approaches designed to harness targeted economic, ecological, and social sustainable development. To argue for the incorporation of MCH into local and regional environmental frameworks in the area, this paper presents four case studies from the Rising from the Depths Network, a challenge-led research network focusing on harnessing the potential of MCH to bring sustainable development strategies to East Africa.

The United Nations Convention on the Law of the Sea (UNCLOS) is heralded as a constitution for the oceans and, as part of this, provides for a compulsory dispute settlement procedure entailing binding decisions. However, case law and academic commentary have highlighted significant issues in definitively identifying other agreements that could preclude these compulsory procedures—a concept permitted by the Convention in certain circumstances. This article begins to explore this challenge by contending that the type of agreement plays a significant role in whether or not it could be determined to be an “exclusionary agreement.” In doing so, the article conducts a systematic interpretation of Articles 281 and 282 UNCLOS, underpinned by the application of relevant provisions in the Vienna Convention on the Law of Treaties. This provides a conclusive basis as to whether the status of an agreement as an “ad hoc agreement” (specific; adopted for the dispute) or an “existing agreement” (general; adopted prior to the dispute) holds any significance in the context of these articles.

The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001 came into force in 2009, providing a much-needed international legal framework for the protection of underwater cultural heritage (UCH). This article explores the reasons why the UK has neglected to ratify the Convention and why accession should now be prioritized. In doing so, the article reconciles the UK's stance with the agreement; moving the State into a position where it can reconsider ratification. In this context, it examines the definition of UCH and the purpose of the Convention, the extension of sovereign immunity for wrecked warships, and the likelihood of creeping coastal State jurisdiction beyond the competences conferred by the UN Convention on the Law of the Sea. This transformative analysis moves forward the debate on these issues and is of international significance to States that have been similarly hesitant to ratify the Convention until now.