Parks,
Actually, I personally reviewed everything with Craig McLean in June 2005, after we discussed it briefly in late April 2005 (when he was the best man at my wedding). Then, at my suggestion, Bob Blumberg from the U.S. State Dept. was invited on the History Channel expedition. Bob negotiated both the Titanic Agreement and the UNESCO Convention on the Preservation of Underwater Cultural Heritage for the U.S. Bob brought along another State Dept. rep, and he made the last dive of the expedition with Kirk.
The State Dept.'s presence on the expedition was important because the people who are charged with negotiating and implementing these treaties should have an understanding of the effect the treaty has on the people who are actually exploring in hostile environments. It also helped dispel the notion that all wreck divers are grave robbers, which clearly is not the case.
Also, prior to its 2000 expedition, RMST sent me to Paris to observe the final negotiations for the UNESCO Convention, and to Washington, D.C. to provide public comments on the proposed Titanic Agreement at a hearing sponsored by NOAA. We tried to follow the guidelines attached to the UNESCO Convention and the draft Titanic Agreement (they are identical) on the 2000 RMST expedition.
Additionally, Jim Cameron and DOE have followed the Agreement's guidelines since 2001, and John Broadwater, NOAA's chief marine archaeologist, even participated in the "Ghosts" expedition in 2001. Anatoly Sagalevitch has been well aware of the guidelines for many years. Of course, the guidelines were followed during the 2003 NOAA expedition on the Keldysh, which I was also part of. This expedition provided a good opportunity for NOAA to learn exactly what is and is not possible when you are operating 12,500 feet below the sea, and it also revealed evidence of the "Pirate Expedition" in late 2001 that spurred the British Government to be the first to formally adopt the Titanic Agreement.
But you're right. Nobody wants to operate outside the spirit of the Titanic guidelines, even though they are not mandatory.