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I
INTRODUCTION
In the ancient world, land travel was difficult and slow.1 Therefore, water was used to move almost everything of value.2 It is known that ancient Egyptians went to sea.3 Since ships have sailed, there have been wrecks and ships have sunk. There is no way to calculate how many lives have been lost or how many seafarers found rest in underwater graves.
"The deep ocean is the largest museum on Earth," said Dr. Robert Ballard of The University of Rhode Island's Institute for Archaeological Oceanography.4 Dr. Ballard went on to explain that he thinks "there's more history in the deep sea than all the museums in the world combined."5 To maritime archaeologists, a shipwreck is a time capsule.6 There have been estimates that there are over 3 million undiscovered wrecks.7
The unrecorded, and sometimes recorded, past can be learned through archaeology.8 It teaches us about the common people, not just the victorious.9 Shipwrecks are considered to be examples of underwater archaeology by most people because they contain a great deal of information about people and their life onboard.10 However, shipwrecks are a non-renewable resource and, once destroyed, are gone forever.11 The world under the oceans is a fragile and changing environment,12 and the costs for salvaging a shipwreck are high.13 Then, there is the ethical dispute as to whether salvaging a ship is for science and history, or for profit.14
Section Two of this paper will examine the issues and different perspectives that most commonly arise in dealing with shipwrecks and their artifacts. It is important to know what laws apply, what is at stake and who is involved with salvaging. Section Three will examine the measures taken to preserve shipwrecks and their artifacts. It will also look at whether shipwrecks should have the same protection as cemeteries, as well as the financial and emotional costs of salvaging shipwrecks.
II
ISSUES AND PERSPECTIVES INVOLVING THE ACQUISITION, OWNERSHIP, AND EXHIBITION OF THE REMAINS AND ARTIFACTS FROM SHIPWRECKS
A. The Traditional Anarchy
The majority of courts in the United States apply salvage law, or the law of finds, to historic shipwrecks. Cases are typically filed in federal court if there is a dispute as to the rights of salvors, or who is entitled to the...