埋蔵文化財包蔵地としての早丸およびオネイダ号 : 東京湾における歴史的沈没船の取り扱い(抱喜久雄教授追悼号)

抄録

Few people know two historical and/or archaeological shipwrecks at Tokyo bay. One is Haya-maru located at the southern-side of line drawn between Futtsu Cape at Chiba Pref. and Kannonsaki at Kanagawa pref., the other is the Oneida located at the northern-side of the line. While the former is a national vessel, the latter is a foreign warship (United States). Sinking at internal waters (territorial sea), the latter is generally under control of Japan with the exception of removal of artifacts (UNCLOS article 303 § 2). In the case of Oneiada, United States abandoned its property right by selling. Taking all the shoreline surrounded by the Sea into consideration, Japan must face up to the international trend of UNESCO Convention on the Protection of the Underwater Cultural Heritage (adapted 2001, entry into force 2009, not ratified as to Japan). This article aims to reveal some defects in the Japanese legal system through an examination of the treatment of two shipwrecks at Tokyo Bay. The most important thing is to pay attention to an idea as follows. It would be seen in the citation of titled A Study of Remains conservation Method: Underwater Remains by Monuments and Sites Division of Agency for Cultural Affairs (March, 2000). " To prevent the alteration and free salvage of underwater remains, likewise the method of the protection of remains on land, the points and situations of underwater remains should be firmly grasped, thereby such points and places positively need to be notified to the public as sites which contain buried cultural properties. It could be the first step for the protection of underwater remains above all to compel those who investigate underwater remains or carry out engineering works and so forth to notify and/or report in advance." (pp.73-74). Therefore this article particularly attaches great importance to legal aspects as well as historical stories. Such a narrative nature and background gives rise to archaeology, which could be legal interest perceived as highly beneficial interest to the public as a whole.