Underwater Cultural Heritage in Africa and Questions of Immunity, State Ownership and Succession: What Role for Equity?

Abstract

Abstract Underwater cultural heritage (UCH) is an emerging topic of the law of the sea and international law. Nonetheless, little attention has been paid to UCH situated off the coasts of Africa, despite its archaeological, historical and cultural value. At the same time, there is a growing trend of restitution of cultural heritage removed from African States by their former (Western) colonial powers. Against this background the article argues that the principle of equity regarding State ownership, succession in relation to, and immunity of, African UCH constitutes the mechanism which can lead to a more balanced distribution of UCH between Western and African States.