NationStates Jolt Archive

So an American company has found treasure plundered from the government buildings in Washington during the war of 1812 but the British government says it's ours according to maritime law. I'm curious to find out peoples opinion on this.

http://www.timesonline.co.uk/article/0,,11069-2370788.html

Technically it's Canada's, which would make it Britian's. It sunk off of the CANADIAN coast, putting it in CANADIAN territory. But if we all have any knowledge about Canada, we know it's still a soverign territory of Britian. So techincally it belongs to Britian.

Technically it's Canada's, which would make it Britian's. It sunk off of the CANADIAN coast, putting it in CANADIAN territory. But if we all have any knowledge about Canada, we know it's still a soverign territory of Britian. So techincally it belongs to Britian.

Not true, they were British ships of the line so their wrecks belong to Britain regardless of where they are. If it was a privatly owned ship then it would be fair game.

Not true, they were British ships of the line so their wrecks belong to Britain regardless of where they are. If it was a privatly owned ship then it would be fair game.

Funny how Spanish ships of the line we've salvaged can't be claimed by Spain.

Maybe we should all check maritime law, before jumping to conclusions.

Maybe I'm missing something? Didn't the British, um, steal all of it? Is there some law about loot belonging to the country that stole it? Because they took it from the U.S., so that makes it, sorta, kinda, the U.S.'s.

Funny how Spanish ships of the line we've salvaged can't be claimed by Spain.

Maybe we should all check maritime law, before jumping to conclusions.

“These two particular warships are under international law considered property of the British Government,” said Elizabeth Whiting, of the British High Commission in Montreal, referring to the Fantome and HMS Tilbury, another wreck off Cape Breton.

From the article.

The other important ownership issue to be considered involves those shipwrecks entitled to sovereign immunity. Sovereign shipwreck property encompasses warships and other vessels used for military purposes at the time of their sinking. This would include naval vessels of any nation, including German U-boats, Confederate States Naval warships, Colonial privateers, and Spanish galleons. Further, this includes both naval warships sunk by accident or belligerent action, such as the U.S.S. Schurz or the U.S.S. Jacob Jones, as well as those disposed of in tests or sunk as an artificial reef, such as the U.S.S. Wilkes Barre.

President Clinton’s Statement on United States Policy for the Protection of Sunken Warships (January 19, 2001) succinctly sums up the issue of sovereign immunity:

“Pursuant to the property clause of Article IV of the Constitution, the United States retains title indefinitely to its sunken State craft unless title has been abandoned or transferred in the manner Congress authorized or directed. The United States recognizes the rule of international law that title to foreign sunken State craft may be transferred or abandoned only in accordance with the law of the foreign flag state.”

Since sunken U.S. Navy vessels are federal property, according to U.S. Code (18 U.S.C. 641), technically no portion of a government wreck may be disturbed or removed, and any unauthorized removal of any property from a U.S. Navy wreck is illegal.

According to the principle of sovereign immunity, foreign warships sunk in United States’ waters would be protected by the United States government, who would act as custodians of the sites in the best interest of the sovereign nation. Other countries generally acknowledge this principle as well. For example, the C.S.S. Alabama, as a Confederate States Navy warship, became the property of the United States following the end of the Civil War. While it was sunk off the coast of France, it is still recognized as United States property. Likewise, the H.M.S. Fowey, a fifth-rate British warship sunk of the coast of Florida, still remains the property of the United Kingdom. Yet, it should be pointed out that in some situations even foreign governments do not play by their own rules and respect the principle of sovereign immunity.

From http://www.njscuba.net/artifacts/misc_salvage_law.html