Encyclopedia Titanica

The Titanic Revisited

Journal of Maritime Law and Commerce

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This article examines the legal, technological, and international developments related to the Titanic's salvage. The author emphasises the importance of legal and international frameworks in managing and protecting underwater cultural heritage.

by James A.R. Nafziger
Key Points

Technological Advances:

  • Rapid advancements in technology have made it easier to locate, describe, and salvage shipwrecks, including the Titanic.
  • These technologies include deep-diving robots, manned submersibles, magnetic and acoustic sensing, and advanced navigation systems.

Legal Developments:

  • The R.M.S. Titanic Maritime Memorial Act of 1986 aimed to protect the Titanic from plunder and promote international cooperation for its preservation.
  • Legal battles over salvage rights have been prominent, with Titanic Ventures and its successor, R.M.S. Titanic, Inc. (RMST), playing key roles.
  • Courts have granted RMST exclusive salvage rights, including the controversial right to photograph and license images of the wreck.

International Law:

  • The article discusses the inadequacies of existing international law in protecting underwater cultural heritage.
  • The Third United Nations Convention on the Law of the Sea (UNCLOS III) and the Buenos Aires Draft Convention on the Protection of the Underwater Cultural Heritage provide frameworks for international cooperation.
  • The UNESCO Draft Convention, based on the Buenos Aires Draft, aims to establish comprehensive protection for underwater heritage.

Salvage Operations and Agreements:

  • RMST has conducted multiple expeditions, recovering nearly 5,000 artefacts, mostly from outside the hull of the Titanic.
  • The value of the Titanic’s cargo lies in its historical significance rather than its material worth.
  • RMST relies on public exhibitions and licensing for revenue, rather than selling artifacts.

Challenges and Controversies:

  • The article highlights the tension between treasure hunters and preservationists.
  • Legal disputes have arisen over the rights to salvage, photograph, and visit the wreck.
  • The need for international cooperation and a balanced approach to salvage and preservation is emphasized.

Future Directions:

  • The article advocates for a multi-use regime that balances scientific requirements with salvage incentives.
  • It suggests that international cooperation and adherence to scientific standards are essential for protecting underwater cultural heritage.
  • The ICOMOS Charter and proposed amendments to salvage law could provide a framework for responsible recovery and preservation.

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