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Is the finders-keepers rule applied in international waters?

Updated: 8/16/2019
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Swimmerjhp

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12y ago

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Under international maritime law, specifically the International Convention on Salvage (1989), objects in the sea remain the property of the original owner forever, unless that owner has formally abandoned claim to them. A salvor is entitled to a reward for recovering them, but cannot claim ownership of the property.

The Law of Salvage is frequently confused with the Law of Finds, even though they are opposite in some respects. The Law of Finds is the closest thing in the law to "finders keepers"--it does grant ownership of abandoned wrecks to the finder. However, in recent times, admiralty courts have ruled that the Law of Finds can only be applied if the owners have expressly and publicly abandoned claim to their property or the wreck is so ancient that no owner or sovereign could possibly assert a claim to it.

For example, the wreckage of the R.M.S. Titanic is in international waters, over 600 km off the coast of Newfoundland. Courts have ruled, repeatedly, that the company RMS Titanic, Inc., is salvor-in-possession of the wreck and has exclusive rights to recover and display artifacts from the site, but cannot sellthose artifacts, as they do not have ownership of them. (It is true that some artifacts from the Titanic were sold between 1994 and 1996, before the court clarified its ruling).

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Q: Is the finders-keepers rule applied in international waters?
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