Has there ever been litigation over a salvaged shipwreck between a European country and a former ex-colony?
score:4
First off, thank you for making me read a law review article on shipwrecks. That was probably one of the few interesting law review articles I've read. Now on to your question.
Short Answer: No
Long Answer: Still no. The biggest issue is that former colonies trying to assert ownership of a sunken treasure galleon might not have standing in a case, because depending on when the ship sank the former colony was presumably a part of the empire at the time. The New York Times ran a relevant editorial on this issue in 2007.
The United Nations Convention on the Law of the Sea established the International Tribunal for the the Law of the Sea which would be the logical court of record for a dispute of the type you are asking about to be adjudicated. To date, the tribunal has decided 22 cases, and none of those cases involved shipwreck disputes between a colonial master and former colony. The closest thing to your fact pattern would be a case between France and Seychelles, but that concerned a fishing vessel flying the Seychelles flag entering French territorial waters.
As the law review article alludes to, and the NYT editorial expressly advocates, the best bet that former colonies would have to assert ownership over these found shipwrecks would be under a cultural property approach. The United Nations Education Scientific, and Cultural Organization ("UNESCO") actually has a convention geared towards the protection of underwater cultural property. Both Spain and Mexico have ratified the convention, so they likely would never even get in a dispute over a shipwreck. Interestingly, the United Kingdom and the Netherlands are the only colonial powers from that time period that have not signed/ratified the convention, so in the future if a dispute were to arise it would be probably be between one of those countries and one of their former colonies. As an aside, the US has not ratified, nor even signed, either convention.
More post
- 📝 What made Alexander great?
- 📝 Does the expansion of the U.S federal government after 1865 support the argument that U.S civil war itself was about states' rights?
- 📝 Were Russians less racist than I thought?
- 📝 Has there ever been a truly multi-sided war?
- 📝 Did Rome attempt to justify its conquests?
- 📝 Why are there shields present on the sides of Henry VIII ships, did they serve any function or was it pure decoration?
- 📝 Have national symbols often acquired partisan meanings?
- 📝 British way in construction of AFV
- 📝 To what degree is Simone Weil correct in arguing that the third Reich under Hitler was merely a revival of imperial Rome?
- 📝 Why did George H. W. Bush select Dan Quayle as his running mate in 1988?
- 📝 How did Pontus de la Gardie drown?
- 📝 The diversity of human eating utensils
- 📝 Was there a Moresnet Conference of 1867?
- 📝 How much did J. Robert Oppenheimer get paid while overseeing the Manhattan Project?
- 📝 What effect did the Mafia have during World War 2?
- 📝 How did the Romans discover dry cleaning?
- 📝 What were the Allies' plans if they caught Hitler alive?
- 📝 How much is one 1945 German Mark to one 2016 Euro?
- 📝 When did the Hindu-Muslim split start in India?
- 📝 Who was the model for Trutat's famous painting Nude Girl on a Panther Skin?
- 📝 Are there any examples of European rulers with a rank lower than king to utilize a "throne" and a "throne room"?
- 📝 Why is there is a pan-slavic movement?
- 📝 Who was the Irishman that betrayed Coronel's gold claim?
- 📝 Did foreign countries respond to the Munich Putsch?
- 📝 How many wars have there been in Europe since WW2?
- 📝 Why did animation become so huge in Japan compared to other countries?
- 📝 What was the combat effectiveness of German infantry in the western front of the Second World War?
- 📝 How did India become a founding member of the UN?
- 📝 About the use of the arrow shaped tool in archaological digs
- 📝 What was the name of the region, Somalia, British Somalia or British Somaliland?
Source: stackoverflow.com
Search Posts
Related post
- 📝 Has there ever been litigation over a salvaged shipwreck between a European country and a former ex-colony?
- 📝 Has there ever been a cold war other than between the U.S. and the U.S.S.R.?
- 📝 Has there ever been a war between members of a personal union?
- 📝 Has there ever been a direct clash between NATO and Russia?
- 📝 Has there ever been a war between two service branches in the same country?
- 📝 Has there ever been a truly multi-sided war?
- 📝 Has there ever been a non-rectangular banknote?
- 📝 Has there ever been a case when a traitorous military commander took command again for the side he betrayed?
- 📝 Has there ever been an instance of an active nuclear power plant within or near a war zone?
- 📝 Has there ever been a peaceful overthrow of a dictator or monarch?
- 📝 Has there ever been a battle with only a single survivor?
- 📝 Has there ever been a major migration from the New World to the Old World? If not, why?
- 📝 Has there ever been anything like the oil boom we see today?
- 📝 Has there ever been a true kidnapped princess from anywhere in the world?
- 📝 Has there ever been an archbishop or bishop younger than the 16-year-old James of Nicosia?
- 📝 Has there ever been a serious effort to reform the US Electoral College system?
- 📝 Has there ever been a truly bilingual country prior to the contemporary period?
- 📝 Has there ever been a mass migration of factories comparable to the USSR's in WW2?
- 📝 Has there ever been a successful "Anarchy"?
- 📝 Has there ever been a US election that flipped as many state seats as the 2010 midterm elections?
- 📝 Has there ever been an attempted military takeover of a democracy in the western world?
- 📝 Has there ever been a month with 32 days?
- 📝 Has there ever been an election where the two biggest parties form a coalition to govern?
- 📝 Has there ever been a situation where the "motherland" treated its colonies well anywhere in the world?
- 📝 Has there ever been a society that viewed prostitution as a prestigious vocation?
- 📝 Has there ever been any assassination so that another assassination could happen during the first one's funeral?
- 📝 Has there ever been a case where a country adopted the currency of another country with a smaller economy?
- 📝 Has there ever been a practise of duelling with bows?
- 📝 Has there ever been a revolution backed by a royal or a noble against their own family?
- 📝 Has there ever been a significant security breach of information from someone with Alzheimer's or dementia divulging classified information?
