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Document Type

Note

Publication Date

Winter 2015

Publication Citation

22 Indiana Journal of Global Legal Studies 201 (2015)

Abstract

This Note addresses the management of the Underwater Cultural Heritage (UCH) in the Dominican Republic as a case study of the effects of two aspects of globalization on cultural and environmental resource management in the developing world: the international convergence of values and the horizontal delegation of state power to private actors due to economic constraints. This Note posits that even as the global community of states moves toward a consensus on the ethical management of the UCH, this convergence combined with the global trend of horizontal delegation may incentivize some lesser-developed countries to deal with the economic pressures of resource management by permitting treasure hunting. To examine this phenomenon, this Note addresses national and international laws protecting the UCH, including Dominican laws and their actual consistency with the 2001 UNESCO Convention for the Protection of the Underwater Cultural Heritage. It then discusses how management in the Dominican Republic is not always in accord with either the country's own laws or the 2001 Convention to illustrate both the impacts of globalization- on management of the UCH when government resources are scarce, and the resulting need for an extralegal, community-based solution. This Note concludes with a suggestion that the Dominican government, Dominican communities, and international actors consider a variant of Common- Pool Resource Management known as Living Museums in the Sea incorporated into a Multilevel Environmental Governance framework as a potential solution to counteract the economic pressures on governments to allow treasure hunting while providing for long-term preservation of the UCH in this and other developing countries.

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