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Who has a Right to Historic Wrecks and Wreckage?

In order to provide effective legal protection for the cultural heritage, it is necessary to know who has what rights to, or interests in, material of cultural value. The largest part of the underwater cultural heritage — wrecks and wreckage — is subject to some very special rules in this regard. This article will therefore examine the various proprietary and possessory interests which exist in wreck, along with some of the restrictions or limitations imposed on them. These interests and restrictions have been established and developed in the UK by Admiralty and common law over many centuries and — since the nineteenth century — have to some extent been recognised and protected by statute. Most of the law has developed to deal with commercial interests, although an increasing focus is being placed on the interests of those concerned for the cultural heritage. Interest in wreck law has grown along with the dramatic increases in technology that have enabled the discovery of ships long thought lost, such as the Titanic. In addition to the interest generated by sport divers, commercial recovery enterprises have flourished, particularly off the US coasts. As well as exotic Spanish treasure ships, there are hundreds of private merchant ships which were sunk during World Wars I and II of no commercial worth in themselves but with non-perishable cargoes of considerable value. Cargoes which are sought after include nickel, copper, aluminium, platinum, tin and lead. There are also more mundane cargoes which are proving attractive to commercial divers, including coal, jute and teak. Since some nineteenth and twentieth century vessels may be considered of historical importance, it is clear that situations of conflict may emerge between those interested in the commercial value of the vessel's cargo, and those interested in the historical value of the vessel itself and its contents.