Shipwrecks in Legal Frameworks: the international perspective International Baltic Shipwrecks Conference Warsaw, 27 February 2019 Ville Peltokorpi LL.M, Scientific & Technical diver Finnish Scientific Diving Steering Association
[email protected] +358 50 584 2158 Shipwrecks have many interest groups • Flag States • Private owners • Marine underwriters • International organizations and NGOs (UN, IMO, UNESCO, BIMCO, etc.) • Scientific institutions • Governmental authorities • Private companies and actors (i.e. survey, salvage) • Archaeologists & historians • Researchers • Divers, tourists • The public at large, relatives of the victims & crew • Etc … Shipwrecks can be (among many other things) • A source of pollution (bunker oil, harmful substances, cargo) • A Hazard: • For navigation • For the environment • An expense • A source of: • scrap metal Courtesy of the Estonian Maritime Administration • valuable objects (cargo, personal belonging), antiquities market • income (Vasa Museum, Mary Rose) • information (archaeological, historical) • A business (salvage, oil recovery, survey, museum) • Of historical and national importance: • Wilhelm Gustloff, M/S Estonia, Mary Rose, Vasa, USS Arizona etc. • (War) Graves • Tourist attractions, memorials • Politically sensitive, legally ambiguous • Someone’s property NOAA What is the international perspective? • International law is the set of rules generally regarded and accepted in relations between nations (i.e. sovereign States) and sometimes international organizations. • Responsibilities of different actors are based on the existence or absence of jurisdiction. • i.e. the extent of each State’s right to regulate conduct or consequences of events • In other words jurisdiction describes the limits of the legal competence of a UN-ONU PHOTO / ICJ-CIJ State or other regulatory authority (such as the European Community) to make, apply, and enforce rules of conduct upon persons’.