ETHICS AND UNDERWATER CULTURAL HERITAGE LAW

ethics underwater cultural heritage and international law ethic is perhaps one of the most intriguing approaches to human behavior that is not to be little archeology which of course is an exciting approach as well but like any science and practice archeology is part of a larger whole it builds on assumption that Divine modern research and it builds on the everyday reality that surround us ethic is part of both I think is about Good and Evil but more importantly it is about reflection reflection on what is good and bad and reflection on what is right and wrong such reflection is open CSS dividing what it means to be human in a historical perspective that is a challenging but also a problematic preposition biologists and archaeologists have a long history in trying to Divine and redefine the animal human boundary and the origin of humankind that discussion is highly relevant for Humanity's self-definition and there is much to be said for an archeology that raises how ethic and cognitive processes are reflected in materiality that is not however what this chapter is about however it started ethical reflection is a feature a condition even of any contemporary Human Society or self-defined group that is not to say that such reflection always lead to the same outcome in every group in each Society culture organ decks in fact there is quite a bit of variability this result of reflection have been codified in written and Unwritten quotes and rules and also long tradition of law exists they are not necessarily compatible or are they not at first like perhaps different solutions have been codified for similar problem new interests and new worldviews arise and such ongoing development further complicate the matter but Common Ground can be found in fact that is perhaps the core of ethical deliberation to respect what other feels as important to be explicit on one's own position and to figure out what is negotiable and what is not and thereby find common ground since its Beginnings Maritime archeology has given rise to quiet a few issues it continues to do so meanwhile the meaning of Heritage for society has been under transformation the role of the archaeologists the scientists and the Heritage professional changes accordingly likewise the ethical discussion has evolved that discussion is what this chapter is about rather than dealing with the archeology of ethic it deals with ethic in relation it to present a archeology and those with archaeologists role in present-day Society Maritime archeology is the focus that is quite appropriate as Maritime archeology is the focus of this book but it is appropriate for another reason as well in the context of Meridian archeology issues relating to ownership and identification rights and responsibilities seem to be enlarged in a way that makes them all the more apparent and all the more contentious almost to the point of caricature as such Maritime archeology is a part of the Heritage field that is extremely well shoot for the fine tuning of ethical debate in archeology the transnational nature and significance of Maritime side and the transnational nature of Maritime archeology as a practice contribute to this so does The Adventurous popular image of recreational and professional diving and its relationship with excitement and finding things resulting practices are not always consistent basic principles are a guardian and codes of practice help to resolve where wants them that is what this chapter will address by extension it will also discuss the International Development of the body of law specifically concerning underwater cultural heritage ethic a prevention and parallel tradition attic aspires to have Universal validity as well as the resolve situational dilemmas both aspects are relevant for archeology and although they are intricately relative it is nevertheless useful to distinguish between the two to do so is for instance highly relevant to the interpretation of the simple phrase but that is unethical what do people mean when they use it they give a judgment a negative judgment and they assert that the Judgment has Universal value but does it sometimes it does but interestingly the phrase is used far more frequently to denote that there are issues that are being resolved in a way that doesn't comply with the speakers particular word view or doesn't serve his or her interests that is not the same thing as universal validity in fact it is not very helpful either as it erase blocking dialogue as well as missing the mark as a reaction both opponents and supporters Retreat into their own little word hardened in their own preconception or ridicule any critical observation to avoid this is not easy especially not if one is convinced of always having done the right thing and equally convince the other should act according to the exact same principle and rules ethic however isn't about asserting one's own Viewpoint or stating the way things have always been done on the other hand being clear and transparent about what it means to be a professional what it means to be an archaeologist is certainly an important step it is important in dividing the ethic of the provision and in dividing the way in which someone who consider oneself as part of the professional group engage in a wider ethical and political debate personal professional and public ethic are intricately related in discussing the ethic of archeology it is therefore hard to ignore the importance of personal ethic or public ethical tradition in the present context however it is natural to concentrate on the ethic of the profession as such is it the ethic of the prevention then the the defined whether or not one can rightly consider oneself to be an archaeologist a scientist an archaeological practitioner a Heritage professional I think it is others would argue that being an archaeologist come with a competition of an archaeological education it is certainly true that a level of knowledge a level of skills and the ability to think analytically are very helpful even essential but just as in medicine or Healthcare this skills are of no avail if they are used contrary to the central principles of the prevention a professional education in itself isn't enough one could even argue that professional ethic are more important than a professional education I would tend to do so even though I make it my business to educate archaeologists regardless just like in medicine subscribing to the central principle of the prevention is at least as important as holding a degree comparing archeology and Heritage management with medicine and Healthcare seems a bit old at forsych but there is more to it than one would suppose just like medicine archeology has a public function both are at least partly publicly funded both also are subject to some level of public control moreover just like medicine archeology is moving into new rooms there's us dating fresh or additional debate on newly arising dilemmas dual solution of the past still fit at the altered scope they may but that is not a foregone conclusion dna-based genetic research for instance is filled into which medicine and Archeology have jointly moved the ethic of archaeological and medical record keeping need to be addressed accordingly the Trojan part of the one provision are are not necessarily good enough for the other with Maritime archeology archeology has literally moved into a new Physical Realm the profession is still in the process of accommodating itself to that fact that seemed to be out after some 50 years of solid experience George passed the eminent order of the introduction to this volume is by far the most influential propagator of the discipline worldwide thank you

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