Re: [PSUBS-MAILIST] Odd Idea

[martin.kleinelanghorst@tntpost.com]

In the case of warships, the State or the any successor State never lose title
(as the lawyers say).
The most famous case was the C.S.S. Alabama which sank in 1863 in French
territorial waters,
off the coast of Normandy.
The Alabama is still owned by the U.S. as the successor state of the
Confederation.
The French and the U.S. government signed an agreement confirming U.S.
ownership.
So, warships, even if the they become wrecks on the bottom of the sea floor and
lose their function as ships still retain their extra-territoriality, just like
embassies.
I don't know what applies when the vessel sank in international waters, though.
I guess you all read the article last year in National Geographic, a guy diving
for the I-52
in the Atlantic. He found it, and salvaged some of its cargo, but did he ask the
Japanese
beforehand?

Another aspect to consider is the definition of salvage, which alone will give
you the right
to claim a salvage award. To sustain a claim of salvage three elements need to
be in place:
(a) marine peril, (b) service voluntarily rendered, (c) success in whole or in
part.
Now, you can argue if a ship on the sea floor is in peril. There are court cases
for both:
Some judge argued that the only threat to a ship on the seafloor is the
unskilled salvor.
On the other hand, the High Court of Australia (in Robinson vs. The Western
Australian Museum)
argued that salvage is not limited to ships in distress, but extends to ships
which have lain at the bottom of the sea for a long time.

Now, what or who is in peril when everyone is dead on the Kursk?
O.K. the nuclear reactors pose a considerable threat to the environment.
Why don't we all go to Russia and salvage the 130 odd nuclear reactors on the 70
odd subs
rusting away in the Russian ports?

The book to read is "The protection of underwater cultural heritage" by
Anastasia Strati,
ISBN 0-7923-3052-8, with loads of cross-references.
Check also Sarah Dromgoole "Legal Protection of Underwater Cultural Heritage",
from
the University of Southampton, they have an excellent department of Internation
Law
specialising in the Law of the Sea.

Martin



|--------+----------------------->
|        |          "Captain     |
|        |          Nemo"        |
|        |          <vulcania@int|
|        |          erpac.net>   |
|        |                       |
|        |          21/08/2000   |
|        |          01:08        |
|        |          Please       |
|        |          respond to   |
|        |          personal_subm|
|        |          ersibles     |
|        |                       |
|--------+----------------------->
  >----------------------------------------------------------------------------|
  |                                                                            |
  |       To:     personal_submersibles@psubs.org                              |
  |       cc:                                                                  |
  |       Fax to:                                                              |
  |       Subject:     Re: [PSUBS-MAILIST] Odd Idea                            |
  >----------------------------------------------------------------------------|






  ----- Original Message -----
  From: Wade Carson
  To: personal_submersibles@psubs.org
  Sent: Monday, August 21, 2000 4:46 AM
  Subject: RE: [PSUBS-MAILIST] Odd Idea


    "If the crew is dead, the vessel is also free to be salvaged."


  Hi Wade,

  I'm not sure if this is true of military vessels; especially those belonging
to the Russians.  Anybody know for sure?

  Pat

~#~

~#~

 

----- Original Message -----

From: Wade Carson

To: personal_submersibles@psubs.org

Sent: Monday, August 21, 2000 4:46 AM

Subject: RE: [PSUBS-MAILIST] Odd Idea

  "If the crew is dead, the vessel is also free to be salvaged."

 

 

Hi Wade,

 

I'm not sure if this is true of military vessels; especially those belonging to the Russians.  Anybody know for sure?

 

Pat