Shipwrecks have long fascinated maritime enthusiasts and divers alike. For some, they are a valuable cultural heritage, while for others, they are attractive tourist destinations or potential sources of financial gain.
However, behind every wreck lies a complex legal question: who holds rights to the wreck, what obligations arise from discovering it, and what risks may be associated with its exploration?
What does the law say
Regulations regarding shipwrecks can be found in several legal acts, both at the international and domestic levels. Key regulations include:
- UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001)
This convention establishes rules for the protection of shipwrecks that are at least 100 years old. The main goal is to prevent looting of wrecks and protect their historical value. Poland ratified this convention, meaning it applies to wrecks found in Polish territorial waters.
- United Nations Convention on the Law of the Sea (UNCLOS)
UNCLOS governs the rights to shipwrecks in the high seas and in exclusive economic zones. In the case of wrecks of significant historical or cultural value, a state may claim rights to protect or conserve these objects.
- Polish national regulations
Shipwrecks found in Polish waters are also subject to the Act on the Protection and the Care of Monuments and Maritime Law. A wreck recognized as a monument cannot be removed without the approval of the relevant heritage protection authorities.
Who has the right to the wreck
The right to a wreck depends on several factors:
- the age of the wreck and its status as a monument – wrecks older than 100 years are often treated as cultural heritage and are protected, regardless of their owner;
- the location of the wreck – if the wreck is located in territorial waters, it is subject to the laws of that state. In international waters, international regulations apply;
- ownership rights – if the ship’s owner still exists (e.g., the shipowner or their heirs), they may claim rights to the wreck.
What are the obligations arising from wreck exploration
Individuals or companies involved in wreck exploration must remember several key obligations:
- reporting the discovery – in Poland, the discovery of a shipwreck must be reported to the appropriate maritime office. Failing to report the discovery can lead to legal liability, including administrative penalties;
- obtaining permits – exploring and recovering a wreck requires obtaining the necessary permits, particularly if the wreck is considered a monument. Failure to obtain permits can result in the confiscation of recovered items and financial penalties;
- environmental protection – wreck exploration can involve the risk of water contamination (e.g., fuel leakage). Explorers are required to comply with environmental protection regulations.
What are the legal and practical risks
Wreck exploration carries risks such as:
- ownership disputes – in the case of a dispute over the rights to the wreck, the matter may be taken to court or international arbitration;
- accusations of looting – unlawful actions, such as removing objects from wrecks without permission, can lead to accusations of cultural heritage theft;
- liability for environmental damage – pollution of the marine environment during exploration can result in hefty fines.
Conclusion
Shipwrecks are not only fascinating objects of research and tourism but also sources of complex legal challenges. Understanding and complying with relevant regulations helps avoid conflicts and legal risks. If you plan to explore wrecks or face legal challenges related to them, it is worth consulting a law firm specializing in maritime law.
