Odyssey's Treasure Ship: Salvor, Owner, or Sovereign Immunity

44 Ocean Development and International Law (Spring 2013)

Posted: 27 Sep 2013 Last revised: 20 Dec 2017

See all articles by Jie (Jeanne) Huang

Jie (Jeanne) Huang

The University of Sydney - Faculty of Law

Date Written: 2013

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 applicable laws to shipwrecks reflect the diversified approaches to the preservation of shipwrecks on the high seas. Second, compared with American Foreign Sovereign Immunity Act and the Underwater Cultural Heritage Convention, the U.N. Convention on Immunities 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 purpose. Third, a legal vacuum exists for the protection of a former colony State's legitimate interests over a historic shipwreck.

Keywords: Shipwrecks, salvage, sovereign immunity

Suggested Citation

Huang, Jie (Jeanne), Odyssey's Treasure Ship: Salvor, Owner, or Sovereign Immunity (2013). 44 Ocean Development and International Law (Spring 2013), Available at SSRN: https://ssrn.com/abstract=2331105

Jie (Jeanne) Huang (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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