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- Title
El rol del derecho en la construcción del patrimonio cultural subacuático: apreciaciones a partirdel estudio del caso de la Corbeta Inglesa Swift en Argentina.
- Authors
Levrand, Norma Elizabeth; Bressan Bernhardt, Nadia
- Abstract
The objective of this paper is to describe the process of protection of the underwater cultural heritage that was produced by the discovery of the English Corvette HMS Swift in Argentina in 1982, before the approval and ratification of the Convention on the Protection of the Underwater Heritage of UNESCO. Based on the case study, the role of law in the process of construction of cultural heritage is analyzed. The methodology used is qualitative, based on the content analysis of secondary documents and legal and jurisprudential sources. This is traingled with an analysis of relevant actors in the case. The English Corvette Swift was shipwrecked in the Deseado estuary in 1770. In 1982 a private individual requested that it be refloated. Although the Navigation Law requires notification to the respective consul, the authority considered that this wreck belonged to the province of Santa Cruz, which, through decrees, declared it an "archaeological site of historical interest." The Supreme Court considered the procedure completed, without questioning the legitimacy of the domain. From the analysis of the arguments of this judgment and the actions of other actors, it is concluded that the dynamics of the laws and their judicial interpretation led to the protection of this asset. The case is prior to the international regulations that currently regulate the matter, therefore its normative analysis has the value of showing how international law has advanced in more protective directions of underwater cultural heritage, giving preponderance to the collective over the private.
- Subjects
SANTA Cruz (Argentina : Province); ARGENTINA; ASSET protection; CULTURAL property; STATUTORY interpretation; CONSTRUCTION laws; HISTORIC sites; UNESCO
- Publication
Revista de Direito Internacional, 2020, Vol 17, Issue 3, p424
- ISSN
2236-997X
- Publication type
Article
- DOI
10.5102/rdi.v17i3.7054