Encyclopedia Titanica

The Titanic as Underwater Cultural Heritage: Challenges to its Legal International Protection

Ocean Development & International Law

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The RMS Titanic struck an iceberg and sank 14–15 April 1912. This article summarizes some of the legal implications of the 100th anniversary of its sinking, as the Titanic becomes subject to the provisions of the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Protection of Underwater Cultural Heritage. This article also discusses the implications of the application of the 1982 United Nations Convention on the Law of the Sea and the rather unique development under the law of salvage through orders of the U.S. court sitting in admiralty that prohibit the exclusive salvors in possession of the Titanic, RMS Titanic, Inc. and Premier Exhibitions, Inc. (RMST/PE) from selling individual artifacts and instead require that RMST/PE keep the collection of artifacts salvaged from the Titanic together as an intact collection for the public benefit. Finally, the article discusses the need for general legislation to protect the Titanic and other underwater cultural heritage from looting and unwanted salvage.

by Mariano J. Aznar & Ole Varmer
Key Points

UNESCO Convention & Legal Status

The Titanic, now protected under the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage, requires international cooperation due to its cultural, historical, and archaeological value.

Conflicting Jurisdictions

Although the Titanic rests beyond Canada’s 200-nautical-mile limit, the wreck’s proximity to Canada’s continental shelf raises jurisdictional complexities under the United Nations Convention on the Law of the Sea (UNCLOS).

Private vs. Public Interests

Court rulings have prioritized public access and conservation over commercial rights. RMS Titanic, Inc., the official salvor, is prohibited from selling artifacts individually, ensuring the preservation of the site and objects for educational and scientific purposes.

Preservation Standards

Strict guidelines emphasize preserving the Titanic in situ, with oversight by agencies like NOAA. This approach respects the wreck as a maritime memorial, discouraging invasive salvage.

International Cooperation

The agreement between the U.S., UK, Canada, and France highlights the need for multilateral management to protect the site from looting and unregulated salvage, ensuring it remains accessible to the public.

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Underwater Cultural Heritage Maritime Memorial International Cooperation Legal Protection In Situ Preservation NOAA UNCLOS UNESCO Convention

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