The Valletta Treaty (formally the European Convention on the Protection of the Archaeological Heritage (Revised), also known as the Malta Convention) is a

multilateral treaty A multilateral treaty is a treaty to which two or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservations. Examples of multilateral treaties include the ...

of the

Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a ...

. The 1992 treaty aims to protect the European archaeological heritage "as a source of European collective memory and as an instrument for historical and scientific study". All remains and objects and any other traces of humankind from past times are considered to be elements of the archaeological heritage. The archaeological heritage shall include structures, constructions, groups of buildings, developed sites, moveable objects, monuments of other kinds as well as their context, whether situated on land or under water." (Art. 1) The Valletta Convention is an international legally binding

treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...

within Europe. It places the revised Convention in the framework of activities of the Council of Europe concerning the

cultural heritage Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by soc ...

since the European Cultural Convention came into force. It deals with the protection, preservation and scientific research of

archaeological Archaeology or archeology is the scientific study of human activity through the recovery and analysis of material culture. The archaeological record consists of artifacts, architecture, biofacts or ecofacts, sites, and cultural landscap ...

heritage in Europe. In particular, the revised Convention focuses on the problem of conservation of archaeological heritage in the face of development projects. Other threats to the archaeological heritage are: *

Natural disasters A natural disaster is "the negative impact following an actual occurrence of natural hazard in the event that it significantly harms a community". A natural disaster can cause loss of life or damage property, and typically leaves some econo ...

*Illicit and unscientific excavations *Lack of public awareness In accordance with the Preamble, objectives of the revised Convention are: *To integrate the conservation and archaeological investigation of archaeological heritage in urban and regional planning policies; *To establish a co-operation and consultation processes between archaeologists, and project developers; *To set standards for funding and archaeological and conservational methods used in studying the “knowledge of the history of mankind”; *To promote educational actions and public awareness of the necessity of the protection and investigation of archaeological heritage in Europe; and *To foster international co-operation and joint action among all European countries in the field of archaeological resource management by means of developing and exchanging relevant scientific information, technologies and expertise.

Definition of the archaeological heritage

In Article 1 of the revised Convention archaeological heritage is defined. The article aims to emphasise the importance of both protection ''and'' scientific investigation of archaeological heritage as "a source of the European collective memory". Considering the

ICOMOS The International Council on Monuments and Sites (ICOMOS; french: links=no, Conseil international des monuments et des sites) is a professional association that works for the conservation and protection of cultural heritage places around the worl ...

Charter for the Protection and Management of the Archaeological Heritage 1990, "archaeological knowledge is based principally on the scientific investigation of the archaeological heritage". Consequentially, destructive as well as non-destructive scientific methods can be carried out with the provision that an excavation is seen as an ''ultima ratio'' to gain knowledge about the archaeological heritage of Europe. An element of archaeological heritage is given if there is any trace of human existence of the past displaying an interaction with the natural environment and enhancing our knowledge of

human history Human history, also called world history, is the narrative of humanity's past. It is understood and studied through anthropology, archaeology, genetics, and linguistics. Since the invention of writing, human history has been studied through ...

, which was discovered by archaeological techniques. Therefore, not only artefacts of an archaeological site are of value but "all remains and objects and any other traces of mankind". Furthermore, the article gives examples of elements that are included in its concept of archaeological heritage: *Immovable objects:

Structures A structure is an arrangement and organization of interrelated elements in a material object or system, or the object or system so organized. Material structures include man-made objects such as buildings and machines and natural objects such as ...

, walls, groups of

buildings A building, or edifice, is an enclosed structure with a roof and walls standing more or less permanently in one place, such as a house or factory (although there's also portable buildings). Buildings come in a variety of sizes, shapes, and func ...

, sites,

monuments A monument is a type of structure that was explicitly created to commemorate a person or event, or which has become relevant to a social group as a part of their remembrance of historic times or cultural heritage, due to its artistic, hist ...

burials Burial, also known as interment or inhumation, is a method of final disposition whereby a dead body is placed into the ground, sometimes with objects. This is usually accomplished by excavating a pit or trench, placing the deceased and objec ...

etc. *Movable objects:

Sculptures Sculpture is the branch of the visual arts that operates in three dimensions. Sculpture is the three-dimensional art work which is physically presented in the dimensions of height, width and depth. It is one of the plastic arts. Durable s ...

, artefacts, etc. *The context (land or sea)

Identification of the heritage and measures for protection

Article 2

States parties to the revised Convention shall: *“Institute a legal system for the protection of the archaeological heritage”, which shall contain the following provisions: *“Maintain an

inventory Inventory (American English) or stock (British English) refers to the goods and materials that a business holds for the ultimate goal of resale, production or utilisation. Inventory management is a discipline primarily about specifying the sha ...

of its archaeological heritage and designate protected monuments and areas", which activities are allowed in a protected area are left to the States party; *“Create archaeological reserves" designating zoning areas, in which forms of land use, e.g. disturbance of the soil, and

excavations In archaeology, excavation is the exposure, processing and recording of archaeological remains. An excavation site or "dig" is the area being studied. These locations range from one to several areas at a time during a project and can be condu ...

are restricted and supervised by the relevant authorities; and *Implement a "mandatory reporting to the competent authorities" for a finder of a "chance discovery of elements of the archaeological heritage".

Article 3

Whether on public or private land, each Party agrees to establish a certain

code of conduct A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization. Companies' codes of conduct A company code of conduct is a set of rules which is commonly writt ...

of archaeological work and

preservation methods Preservation may refer to: Heritage and conservation * Preservation (library and archival science), activities aimed at prolonging the life of a record while making as few changes as possible * ''Preservation'' (magazine), published by the Nat ...

. Article 3, paragraph i states that each Party needs to implement a controlled procedure of archaeological activities preventing “ any illicit excavation or removal of elements of the archaeological heritage” and assuring that archaeological resource management is applied in a scientific way. That principle includes that every investigation shall be as minimal as possible in its impact and uncovered findings are proper conserved during or after excavation. Excavations must be under the control of qualified, specially authorised persons (see Art. 3, para ii). In addition, "the use of

metal detectors A metal detector is an instrument that detects the nearby presence of metal. Metal detectors are useful for finding metal objects on the surface, underground, and under water. The unit itself, consist of a control box, and an adjustable shaft, ...

and any other detection equipment must be subject to specific prior authorization" (see Art. 3, para ii). Otherwise the

arbitrary Arbitrariness is the quality of being "determined by chance, whim, or impulse, and not by necessity, reason, or principle". It is also used to refer to a choice made without any specific criterion or restraint. Arbitrary decisions are not necess ...

use of such equipment leads to destruction of context by digging up anything that the machine registers without knowing what it actually is.

Integrated conservation of the archaeological heritage

Article 5 deals with the relationship between the preservation of archaeological heritage and development projects. Each

Party A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often feature f ...

agrees to involve archaeologists in the complete

planning policy Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public ...

(Art. 5, para. i). For example, archaeological sites and their settings shall be considered if environmental impact assessments are required (Art. 5, para. vi). It is essential that "archaeologists, town and regional planners systematically consult one another" (Art. 5, para. iii) to modify development plans that may have an adverse effect on archaeological heritage (para. iv), saving a considerable amount of time and money. The consultation process can only be successful, if the State parties make "relevant surveys, inventories and maps of archaeological sites" (Art. 7, para. i) available. Though damage will be caused to some archaeological heritage, important projects are implemented anyway. In that case, emergency excavations should be carried out; and it is necessary that States ensure "sufficient time and resources for an appropriate scientific study of the site" and the publication of its findings are allocated. Article 6 of the revised Convention gives details about the source of funds for archaeological research and rescue archaeology. If excavation works discover elements of archaeological heritage during a project, Article 5, paragraph vii makes provisions for “ conservation in situ when feasible". However, that paragraph does not say how this will be done. An option may be to excavate the site and conserve the remains with soil or a special covering afterwards, so that the construction can occur on top of it. The site and its elements are thus partially or fully available for potential investigations in the future.

Financing of archaeological research and conservation

States are required to arrange public, either on local, regional or national level,

financial support An investor is a person who allocates financial capital with the expectation of a future return (profit) or to gain an advantage (interest). Through this allocated capital most of the time the investor purchases some species of property. Typ ...

for archaeological research. In addition, and that is important, the actor, either

public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichke ...

or private, who is responsible for the concerning development project, has the obligation to allocate funding of any necessary related archaeological activities, such as rescue excavations (Art. 6, para. ii). This means, that public or private development plans should provide funds in the budget for archaeological survey work and full recording and publication of the findings in the same way that provision is made for environmental impact studies (Art. 6, para. ii b).

Control of the application of the (revised) Convention

As compliance mechanism the

Committee of Ministers of the Council of Europe The Committee of Ministers of the Council of Europe (French: ''Comité des ministres du Conseil de l'Europe'') or Committee of Ministers (French: ''Comité des ministres'') is the Council of Europe's decision-making body. It comprises the Foreig ...

set up a committee of experts to monitor the implementation and application of the revised Convention (Art. 13). This monitoring includes: periodic reports on the situation of archaeological heritage protection policies and the realisation of the Convention’s principles in the States (Art. 13, para. i). The reports and any other recommendations or proposals are directed to the

. Furthermore, the committee of experts may propose measures to improve the implementation of the revised Convention by recommendations for

amendments An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...

, multilateral activities, informing the public (Art. 13, para. ii), or invitations to other States to accede to this Convention (Art. 13, para. iii).

Signatures and ratifications

Every State party that is consent to be bound by an

international treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...

needs to follow a procedure so the treaty can come into effect on the national and international level: *Signature *

Ratification Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...

Acceptance Acceptance in human psychology is a person's assent to the reality of a situation, recognizing a process or condition (often a negative or uncomfortable situation) without attempting to change it or protest it. The concept is close in meaning to ...

/Approval * Deposition of the Ratification Document *

Entry into Force In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of thi ...

The ''European Convention on the Protection of the Archaeological Heritage (revised)'' is "open for signature by the member States of the Council of Europe and the other States party to the ''European Cultural Convention''. It is subject to ratification, acceptance or approval" (Art. 14, para. 1). Before or simultaneously depositing the ratification to the revised Convention, the State party must denounce The ''European Convention on the Protection of the Archaeological Heritage'' of 1969 (Art. 14, para. 2). The revised Convention shall enter into force six months after the date of the deposit of the instrument of ratification by any signatory State (Art. 14, para. 5). In the process of signing or ratifying the treaty, States may specify/limit the territory to which this revised Convention shall apply (Art. 16). Every State party can denounce the revised Convention by notification to the Secretary General of the Council of Europe (Art. 17). As of 2018, the convention has been ratified by 46 states, which includes 44 Council of Europe member states plus the

Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome ...

. The last signatory to ratify the convention was

Luxembourg Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small land ...

in 2017. The two Council of Europe states that have not signed or ratified the convention are

Iceland Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...

and

Montenegro ) , image_map = Europe-Montenegro.svg , map_caption = , image_map2 = , capital = Podgorica , coordinates = , largest_city = capital , official_languages = M ...

References

External links

European convention on the protection of the archaeological heritage (revised) (ETS № 143) (Russian, English)

* ttp://www.icomos.org/fr/ ICOMOS Website, retrieved 7 July 2012
CoE Treaty Office Website, retrieved 7 July 2012
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