In 2001 the UNESCO General Conference adopted the Convention on the Protection of the Underwater Cultural Heritage, and a year later Patrick J. O’Keefe published a commentary on the Convention entitled Shipwrecked Heritage: A Commentary on the UNESCO Convention on Underwater Cultural Heritage. This work principally analyzed each article and rule of the Convention in turn but also gave outlines of some legal issues relevant to the Convention and charted its history, from conception, through negotiation, to adoption. No doubt due in large part to O’Keefe’s pivotal role in the genesis of the Convention and his presence throughout the negotiating process,^{Footnote 1}Shipwrecked Heritage proved to be both erudite and accessible and has since served as the primary reference text for those studying or working with the Convention.

Much has changed in the meantime however, not least the fact that the Convention came into force in 2009 after receiving its 20th ratification. At the time of this writing,^{Footnote 2} it has 48 States Parties including, significantly, France, one of a number of major maritime States that in 2001 felt unable to accept the final text of the Convention. Opinions on the Convention are developing, as are the actions of States toward their underwater cultural heritage. The recent release of the second edition of O’Keefe’s commentary is therefore very welcome.

The structure and much of the content of the book remain unchanged in the second edition, however, there are several notable differences. Most obvious is the section entitled “Events Since Adoption,” which provides an outline of some of the most notable output of the Meetings of States Parties, the Scientific and Technical Advisory Body (STAB), and the UNESCO Secretariat. Where appropriate, these have also been used later in the text to inform the analyses of the individual articles and rules.

In a few examples, the analysis of an individual article has been expanded or revised in light of intervening events, the primary instances being the provisions relating to commercial exploitation contained in Article 2(7) and Rule 2. The term “commercial exploitation” goes to the very heart of the Convention but is not defined in it, so O’Keefe seeks to elucidate its meaning and consequences with reference to a number of very recent illustrations. These include the still ongoing actions by the UK Ministry of Defence and Odyssey Marine Exploration, Inc. over the HMS Victory sunk in 1744; the controversy attracted by the Smithsonian Institution regarding the salvaged cargo of the Belitung wreck; and the recent salvage of more artifacts from the RMS Titanic. These sections, much of which appear to have been drawn verbatim from one of O’Keefe’s recent articles,^{Footnote 3} demonstrate how events have shaped our understanding of the meaning and application of the Convention. Similar expansion is seen in the treatment of Article 14 regarding measures to combat the illicit trade in underwater cultural heritage, Rule 1 concerning in situ preservation, and Rule 34 covering the management of project archives. Much of the rest of the articles and rules are unchanged, with small additions or alterations where necessary.

The annex to the Convention, which contains the 36 rules, has also acquired a new introduction. This contains a personal communication from Anthony Firth, who was involved in the drafting of the ICOMOS Sofia Charter of 1996 (which formed the basis for the rules), which gives a fascinating glimpse of the reasoning behind the Charter. It is included in order to tackle a criticism often leveled at the rules by treasure hunters: that they were drafted by bureaucrats, of either the legal or desk-bound heritage manager variety, and are therefore a hindrance to “real” maritime archaeologists. Addressing the arguments of treasure hunters is a new feature that crops up in a number of places in the text, including in the commercial exploitation and in situ preservation sections. These arguments, which also include that “trade goods” (duplicate items making up a ships cargo) are not cultural heritage, or that in situ preservation is akin to neglect and only used by heritage managers to save money, are no doubt encountered by many archaeological practitioners in the course of their work. Being able to quickly reference some counter arguments will probably prove very helpful for some in the archaeological community.

Finally, the book still contains the full text of the 2001 Convention, but the text of the International Law Association Draft Convention (a prototype of the Convention) has been omitted, replaced by the full text of the 2001 Convention’s Operational Guidelines.

The book is not without some minor flaws. Rule 1 provides: “The protection of underwater cultural heritage through in situ preservation shall be considered as the first option.” Early in the introduction, O’Keefe states that in situ preservation equates to leaving the site untouched. Later he states that in situ protection can be nothing more than a first option, however the wording in Rule 1 refers to preservation rather than protection. This terminology is problematic (as “in situ preservation” is another phrase left undefined by the Convention), but protection is not entirely synonymous with preservation, and current views of archaeological best practice suggest in situ preservation is a proactive process aimed at maintaining the equilibrium of a site, the means used only sometimes including “leaving the site untouched.”^{Footnote 4} A small error also appears in a paragraph inserted into the analysis of Article 16 where “internal waters” is referenced when “international waters” is presumably meant. The whole purpose of Article 16 is to regulate the behavior of nationals and vessels beyond the limits of usual territorial jurisdiction by using the nationality principle and flag state jurisdiction. Despite obviously being entirely unintentional, this nevertheless impacts the whole analysis of the article and could cause some confusion for readers unfamiliar with international law. Finally, the title of the Convention used in the subtitle of the book is still, inexplicably, inaccurate.

The book is meant to be read by non-lawyers, as is evident from the accessible writing style as well as the introductory sections explaining the legal regime of the United Nations Convention on the Law of the Sea, salvage law, and a (very brief) overview of treaty interpretation. It would certainly be very useful for legal practitioners too, but for certain issues more detailed analyses now exist that would be more suitable in this regard. The book will probably be of greatest value to those involved in heritage management who are now tasked with implementing the Convention in its States Parties. For this sort of task, the structure of the book is apposite, laying out the duties and rights contained in the Convention article by article, and stating what is expected. For researching a specific issue, however, or merely for someone who is sitting down to read, the structure is less sympathetic. The discussion of State Vessels for instance appears in the book in five different sections, mirroring, of course, its appearances in the Convention, but this ensures a disjointed narrative, the majority of which is contained in the section regarding Article 7(3), the third time it is encountered. Consequently, I would suggest the book be read alongside Sarah Dromgoole’s recent Underwater Cultural Heritage and International Law,^{Footnote 5} which goes into slightly more detail for certain topics and is structured thematically.

O’Keefe’s conclusion outlines the positions of some of the maritime nations that have not yet ratified the Convention. These States are home to most of the large treasure hunting companies, and so the Convention can never be truly effective without their participation. There has been no change in attitude by the United States, and throughout the volume (including the painting on the book’s front cover), we are reminded that despite agreeing to apply the rules in the annex, the United Kingdom is seemingly currently allowing the salvage of the HMS Victory. Much still needs to change, therefore, before the Convention can attain its full potential. There are signs of hope, however, with some States such as the Netherlands appearing to move towards ratification and France having already taken the step. Progress here, and with ratification by other States, has been largely due to the efforts of UNESCO, which have concentrated on increasing the number of ratifications. However, ratifications will doubtless increase over time as a matter of course, especially if the advantages offered by the Convention are readily apparent. As O’Keefe points out, however, little is currently known of how the Convention is being implemented in its existing States Parties, as there are few mechanisms to monitor this contained within the Convention itself. He suggests that STAB could help in investigating implementation, but this is sure to be the direction of academic research into the Convention in the coming years also. With this updated edition of Shipwrecked Heritage and the recent publication of Dromgoole’s Underwater Cultural Heritage and International Law, there is now very little that further analysis of merely the text of the Convention can add to the dialogue.