The legal protection of the RMS Titanic Cover Image

Sytuacja prawna wraku RMS Titanic
The legal protection of the RMS Titanic

Author(s): Dariusz Rafał Bugajski
Subject(s): Law, Constitution, Jurisprudence, Museology & Heritage Studies, International Law, Other, Maritime Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: RMS Titanic; wreck; salvage; underwater cultural heritage; UNCLOS; the 2001 UNESCO Convention

Summary/Abstract: Almost immediately after the Titanic sank on 15 April 1912, proposals were advanced to salvage the ship from her resting place. The wreck was ultimately discovered on 1 September 1985. This article will discuss the application of the 1982 UN Law of the Sea Convention and the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage and the development of the law of salvage through orders of the courts with respect to the protection of the wreck of the RMS Titanic and her artifacts. The paper will discuss the matter of ownership and other legal titles to such property. The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage applies to all traces of human existence having a cultural, historical or archaeological character which have been submerged for at least 100 years. Thus, 15 April 2012 marks the moment when the Titanic wreckage became protected under this Convention. The Titanic lies currently in international waters, outside of the exclusive jurisdiction of any State. Legal jurisdiction over the seabed may change when Canada extends its Continental Shelf under the 1982 UN Law of the Sea Convention.

  • Issue Year: 8/2022
  • Issue No: 1
  • Page Range: 41-60
  • Page Count: 20
  • Language: Polish