Legal Divergence and Cooperative Governance of Underwater Cultural Heritage: A Comparative Study of China, Japan, and Korea

초록

The maritime regions of Northeast Asia are repositories of rich yet vulnerable underwater cultural heritage (UCH). This shared legacy transcends national boundaries, presenting a complex governance challenge. A comparative analysis of the three states reveals significant divergence in their domestic legal regimes concerning key issues: the definition and scope of protected heritage, the assertion of ownership and jurisdictional rights, approaches to management in disputed maritime zones, and the sensitive status of sunken state vessels. These policy disparities, set against a backdrop of geopolitical tension and an ineffective international legal framework, critically undermine coordinated protection efforts. This article systematically maps these policy differences to argue that the very necessity of trilateral cooperation stems directly from this comparative landscape of divergence. It concludes that establishing a collaborative governance framework is not merely a diplomatic aspiration but a pragmatic imperative for the effective safeguarding of this common regional heritage.

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