About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

25 Int'l J. Marine & Coastal L. 209 (2010)
Treasure Hunters, Sunken State Vessels and the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage

handle is hein.journals/ljmc25 and id is 217 raw text is: THErISIA ritL~t~ f MARINE MARTINUS AND COASTAL NIJHOFF The International Journal of LAW P U B L I S H E R s Marine and Coastal Law 25 (2010) 209-236 bril.nil/estu Treasure Hunters, Sunken State Vessels and the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage Mariano J. Aznar-G6mez* Professor of Public International Law, Universitat Jaume I, Spain Abstract Two sets of quite related judicial decisions in the US, regarding in rem actions directed at sev- eral Spanish State shipwrecks, have completed a new legal framework that must be kept in mind not only for treasure-hunter companies and any other persons trying to gain any right over the wrecks of sunken State vessels, but also for States trying to seek a clear interpretation of the legal status of those vessels in current international law. These decisions might com- plete the new legal layout given by the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage, in particular giving full meaning to the 'without prejudice' clause included in its Art. 2(8) relating to sovereign immunities and State vessels; they might also ease future ratification of that Convention by reluctant States like the United Kingdom, France or the United States. Keywords underwater cultural heritage; admiralty law; immunities of States; treasure hunters; sunken State vessels; law of the sea Introduction On 2 November 2001 the UNESCO Convention on the Protection of the Underwater Cultural Heritage (the 'Convention' or the 'UNESCO Conven- tion') was adopted.' On 2 January 2009 the Convention entered into force; at the time of writing (February 2010), 31 States are parties to it. * The author would like to thank Sarah Dromgoole, Ole Varmer and Tullio Scovazzi for their most valuable comments on an earlier draft of this article. The views expressed are solely those of the author, as are any errors. This article was prepared within the framework of the R+D Project No. Pi lA2009-05 of the Universitat Jaume I. 1 41 International Legal Materials 40 (2002). For a complete analysis of the Convention (including its drafting), see R. Garabello, La Convenzione UNESCO sulla protezione delpatri- monio culturale subacqueo (Milan, 2004). See also S. Dromgoole, '2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage', 18 International Journal of Marine @ Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157180910X12665776638623

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most