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| 1 |
ID:
121482
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| Publication |
2013.
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| Summary/Abstract |
Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel is a recent controversial case decided by U.S. courts concerning a Spanish historic shipwreck on the high seas. This article analyzes the case and its implications from three aspects. First, the different laws applicable to shipwrecks reflect diversified approaches to the preservation of shipwrecks on the high seas. Second, compared with the U.S. Foreign Sovereignty Immunity Act and the UNESCO Convention on the Protection of the Underwater Cultural Heritage, the UN Convention on Jurisdictional Immunities of States and Their Property better defines "commercial activity" by using the nature of the transaction as a primary criterion and its purpose as a supplement. Moreover, warship wrecks and the cargo on board are inseverable for sovereign immunity purposes. Third, a legal vacuum exists for the protection of a former colony state's legitimate interests over a historic shipwreck.
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| 2 |
ID:
118013
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| Publication |
2013.
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| Summary/Abstract |
The RMS Titanic struck an iceberg and sank 14-15 April 1912. This article summarizes some of the legal implications of the 100th anniversary of its sinking, as the Titanic becomes subject to the provisions of the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Protection of Underwater Cultural Heritage. This article also discusses the implications of the application of the 1982 United Nations Convention on the Law of the Sea and the rather unique development under the law of salvage through orders of the U.S. court sitting in admiralty that prohibit the exclusive salvors in possession of the Titanic, RMS Titanic, Inc. and Premier Exhibitions, Inc. (RMST/PE) from selling individual artifacts and instead require that RMST/PE keep the collection of artifacts salvaged from the Titanic together as an intact collection for the public benefit. Finally, the article discusses the need for general legislation to protect the Titanic and other underwater cultural heritage from looting and unwanted salvage.
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