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Once upon a time the gods of the ancient world met in council
atop Mount Olympus to decide how their handiwork could best
be preserved for those that would come afterward.
"We must be sure that examples survive of the greatest expres-
sion of artistic genius,'' said one; "perhaps the best evidence
would be bronze statues of ourselves," and he lowered his eyes
modestly. Another spoke: "It would be best to preserve the body
of a great king and all his treasures in a very dry climate; I have in
mind Agamemnon or Tutankharnen."
Chae arose, his terrible headdress shimmering with rain: "We
can keep our best treasure underwater in my sacred well at Chichen
Itza. It will be a hundred generations before anyone will discover
a way to get to it.'' Then Thor leaned forward in his massive
throne: "A ship is the best container, but let us keep it on land
under a mound of earth, perhaps at Sutton Hoo or along the
Great Fjord."
"Everyone knows that ice is the best way to preserve things,"
said Slav: "I can keep a whole family with all their servants and
possessions in a special tomb in Siberia. It will last as long as the
hairy mammoths I have there now." Vulcan exploded: "Ash is the
better preservative. Soft, light, and dry, it will keep its secrets safe
204 E P IL O O U E
The law of the sea is complicated and changing. Not all countries
agree on the extent of jurisdiction that a coastal state has over the
waters off its shores. Some states have signed the international agree-
ment and some have not; others have retained the old limits, pending
new agreements.
New ideas about the rights of nations in the ocean are being consid-
ered and passionately debated. One hundred and forty-five states were
represented at the United Nations Seabed 1973 organizational meetings
in New York; they reconvened for an eight-week working meeting in
Caracas, Venezuela, in 1974, and they plan to gather again for meet-
ings in Geneva and Vienna. It is to be hoped that the eventual result
will be agreement between nations on territorial rights in the sea. Then
order will prevail over the present uncertainties.
The discussion here is therefore subject to some change in the next
few years, but it is possible to make a fairly good guess at the probable
outcome. The main considerations of the countries involved are natural
resources, military problems, and commercial routes; such items as
scientific work and. archaeology are far down the list in importance.
The natural resources that are the topic of most intense debate are
mainly the metal-containing nodules on the deep-sea floor, the petro-
leum products on the continental shelves, and fish in mid-water. Every
nation wants a share of these, and many of the developing countries
view with suspicion any kind of scientific work or exploration on the
grounds that it will somehow lead to exploitation in which they will not
participate.
After imperial Rome's control of the Mediterranean faded, the seas
were free to the strong. Sailors sailed where they wished and were re-
sponsible for their own defense against attack by pirates or ships of an
unfriendly state. But in the 1500s, as navigators and explorers began
to push out into distant seas, the Pope divided the unknown world be-
tween Spain and Portugal to keep these Catholic countries from too
violent a competition. Generally, Spain got the Western Hemisphere,
Portugal the Eastern. But the Dutch, English, and French were not
far behind in claiming their rights; what they claimed was the "freedom
of the seas." All fought repeatedly over this issue, but in time freedom
became accepted as international doctrine. . .
This doctrine is still in use, particularly with respect to nav1gat.•o~,
overflight, commerce, and science( However, for other matters 1t as
being reconsidered. The subject of sea rights had been _dormant for
some time when, in 1945, President Harry Truman claimed for the
United States all the resources on its adjacent shelf out to a water
depth of two hundred meters. Although ~e United States st_~ claimed
ooJy three miles of the ocean surface, With that proclamation a very
much larger area of the ocean floor was added. Obviously, in order to
work on the bottom far offshore, one must control the surface at that
spot, and so the debate began. Now other states used Truman's action
to justify their claims for -more extensive jurisdiction. For example,
Brazil, Ecuador, and Peru claim two-hundred-mile territorial waters;
for fishing rights, Chile claims two hundred miles, Morocco seventy,
and Iceland fifty.
Marine artifacts are considered to be abandoned property under
both civil and common law. But property in a strict legal sense does
not mean a physical object; rather, it is the exclusive right to possess
and dispose of the object. Therefore an abandoned and unfound object
does not legally have the status of "property." Only after it is found
and comes into someone's possession does a submerged object become
abandoned property. If there is no specific titleholder and if the object
is found outside the limit claimed by any state, title to the property
"vests in the person who first reduces it to possession."
Property is abandoned when it is totally deserted and absolutely re-
linquished by the former owner. This may occur when the owner
specifically casts the property away or leaves it behind or, after an un-
intentional loss, gives up any attempt to reclaim it. Clearly, ancient
wrecks outside the territorial water and legislative reach of any state
are abandoned property. The question then becomes: what are the
territorial waters of a coastal state and bow far does its jurisdiction
extend?
The most fundamental source of information on existing laws is the
First Law of the Sea Convention, which resulted from the Geneva
Conference of 1958. The conventions that were agreed upon for the
most part codified what was already generally accepted as peacetime
laws. They _began by designating five geographical-legal zones, called
as follows: mternal waters, territorial seas, contiguous zone, high seas,
and continental shelf.
F_o_r the foll~wing disc~ion _o f these areas and of the present legal
pos1t1on of vanous countries, this chapter draws heavily 00 the work of
David P. Stang, a staff man for the U.S. Senate Commit tee on lnt~rior
and Insular Affairs; on H. Crane Miller's short book on International
Law and Marine Archaeology (he was also once a Senate staffer and
counsel to the Oceans and Atmosph ere Subcom mittee) ; and on "Ma-
rine Archaeo logy and Internati onal Law," by Howard Shore, in the
San Diego Law Review. Their thorough ly referenc ed papers quoted
here largely used the wording of the original conventi ons.
In deciding the extent of a state's claims to areas of the sea, one be-
gins by drawing a base line on a chart so that there is a precise place
from which to measure . Normall y this is the low-wat er line along a
coast marked on large-scale charts that are officially recogniz ed by the
coastal state. Where the coast is deeply indented or if there is a fringe
of islands in the immedia te vicinity, straight base lines between prom-
ontories may be drawn, but these must not depart to any apprecia ble
extent from the general direction of the coast. In drawing these base
lines, account may be taken of economi c interests peculiar to the region
but on no account shall they be applied in such a manner as to in•
fringe on the territoria l seas of another state. Finally, the coastal state
must clearly indicate its straight base lines on charts to which due pub-
licity must be given.
Waters on the landwar d side of the base line are called "interna l."
They include small bays, harbors, river mouths, and waters on the
landward side of islands situated along the base line. These waters are
legally just like the state's land mass in the sense that it exercise s
complete sovereignty over them and can exclude foreign ships.
The "territor ial sea is a belt of sea adjacent to a state's coast, the
0
outer limit of which is a line equidista nt from the base line. The Ge-
neva conventi ons did not specify the width of the territoria l sea in
nautical miles; as a result, there have been many internati onal argu-
ments on the proper width.
At present, seventy coastal states out of one hundred and twenty
claim a territoria l sea breadth of twelve miles, and twelve states claim
up to two hundred miles. The three-mi le width, now claimed mainly
by the United States and Common wealth countrie s, was establish ed in
the 1600s by a pragmat ic Dutch jurist who decided that the law could
be enforced to the distance reached with a cannon ball from shore. In
the age of transoce anic missiles, the cannon-b all ruJe must be replaced
by modern laws.
By Septemb er 1972, the U . S. Departm ent of State had modified its
previous position calling for a three-mi le limit and submitte d to the
ninety-o ne-memb er U. N. Seabed Commit tee draft treaty articles that
provide that ( l ) the territoria l sea would be fixed at a maximu m
breadth of twelve nautical miles and (2) there would be free transit
through and over international straits. On the subject of seabed re-
sources, the United States proposed to limit all national claims to the
seabed to an area where the depth is less than two hundred meters, and
that international machinery be set up to license exploration and ex-
ploitation beyond that depth.
The United States entered the 1973 conference willing to agree to
broad coastal-state economic jurisdiction beyond the territorial sea as
part of an over-all law-of-the-sea settlement if international standards
are established. These standards would include treaty articles that
would prevent unreaoonable interference with other uses of the oce~
protect against pollution, safeguard maritime investments, provide for
compulsory settlement of disputes, and call for revenue-sharing of re-
turns from deep-ocean resources.
Innocent passage of foreign ships is permitted in territorial waters
without the consent of the coastal state concerned; that is, ships may
pass through the zone going to or coming from internal waters. These
ships may stop and anchor, but their right to search for and recover
sunken property would be subject to the laws of the coastal state. Most
marine archaeology done to date has been well within these territorial
waters and so bas properly been under the jurisdiction of the adjacent
state.
Just outside the territorial sea is the "contiguous zone," which ex-
tends twelve miles from the base line out into the high seas. In this
zone the coastal state may exercise the control necessary to prevent or
punish infringements of its customs, immigration, or pollution regu-
lations within its territorial zone. It is specifically not intended for
security, on the ground that the state's inherent right of self-defense
provides an adequate basis for taking action.
No test of the legality of recovering sunken property in the contig-
uous zone without the permission of the adjacent state is known to
have been made. Because it is part of the high seas, every state has
the right to operate there under its own flag. On the other hand, the
coastal state may wish to exercise some control over the activities of
ships of other nations who are infringing in some way on its customs,
fiscal, immigration, or sanitary regulations. Until this is settJed, naval
might, driven by political pressures, will govern. Presumably, when the
twelve-mile territorial sea is finally agreed upon, th.e contiguous zone
will vanish.
The two remaining areas, "high seas" and "continental shelf," also
begin at the outer edge of the territorial sea. The high seas means all
parts of the sea that are not included in the territorial sea or the inter-
nal waters of any state. In all areas of the unrestr icted high seas out-
side any contiguous zone, a vessel may generally be said to have the
right to conduc t scientific research (including archaeo logical work)
and to search for and recover sunken propert y. The excepti on to this
rule may be based on claims by the coastal state related to the conti-
nental shelf. All states, coastal or not, have the right to operate ships
on the high seas under their own flags; private vessels have a similar
right deriving from the right of the country whose flag they fly.
The right of states to use the unrestr icted high seas is almost unlim-
ited as long as no other state's peace and security are threate ned. It is
conceivable that there could be some circum stances involving the ac-
tivities of a private saJvage operati on conduc ted on the high seas ad-
jacent to a state that would appear to pose a threat to that state's
security and thus cause a reaction, but this seems unlikely.
The "'continental shelf' refers to the seabed and subsoil of the sub-
marine areas adjacen t to the coast but outside the territor ial sea to a
depth of two hundre d meters or "beyon d that limit to where the depth
of the superad jacent water admits of the explora tion of the naturaJ
resources of the said area." This raises some interesting legal questio ns,
such as: What constitutes exploitability? If the depth of the superad -
jacent water is not limiting, how deep can one go?
The purpos e of the conven tion on the contine ntal shelf is to give a
coastal state the sovereign right to exploit its natural resourc es; how-
ever, man-m ade sunken propert y can hardly be conside red a natural
resource. The rights of a coastal state over the contine ntal shelf do not
legalJy affect the waters above the shelf. Howev er, the state may .m ain-
tain pem1anent installations such as fabrica ted steel towers for the ex-
ploitation of its resources, surroun ded by safety zones five hundre d
meters wide from which salvage may be excluded. There are also gen-
eral rules that ( 1) explora tion for scientific and archaeo logical pur-
poses must not interfer e with navigation and (2) the results are to be
made freely available through the scientific literature.
Article 2 of the 1960 Convention on the Contin ental Shelf of the
Law of the Sea Confer ence at Geneva defioed the rights of states on
the contine ntal shelves and described natural resources as "the min-
eral and other non-living resources of the seabed and subsoil togethe r
with living organisms belonging to sedime ntary species, that is, organ-
isms which, at the harvestable stage, are immobile on or under the
seabed, or are unable to move except in constan t physical contac t with
the seabed ."
The Interna tional Law Commission, in its report coverin g the eighth
session, made these comme nts on the subject : "It is clearly unders tood
th t the rights in question do not cover objects such as wrecked ships
a . c·
and their cargoes me
luding bullion) lying on the seabed or covered,
• c
of the subsoil.,, Thus it appears, according to H. rane
bY the sand h th I of sal
Miller, that the proposed convention would not c a~ge . e .aw -
vage, which applies to wrecks and cargoes, includmg bullion, all of
which are abandoned property, even though the recovery of such
wrecks entails physical contact with the seabed and removal of sand or
other materials to reach the wreck.
Article 5 of the Convention on the Continental Shelf further says:
"The consent of the coastal State shall be obtained in respect of any
r~earch concerning the continental shelf and undertake~ there. Ne~-
ertheless, the coastal State shall not normally withhold its consent if
the request is submitted by a qualified institutio~ with a vie~ _to
purely scientific research into the physical or biological charactenst1cs
of the continental shelf, subject to the proviso that the coastal State
shall have the right, if it so desires, to participate or to be represented
in the research, and that in any event, the results shall be published."
The United Nations 25th General Assembly, in 1970, passed a
"legal principles" resolution that asserts there is an area of seabed be-
yond the limits of national jurisdiction that no nation may appropriate
or exercise sovereign rights on. This implies that the "freedom of the
seas" doctrine still applies. Thus, in the opinion of leading maritime
experts, there is freedom to conduct scientific research and salvage
operations on the deep seabed.
In most of these international discussions, marine archaeology is
not specifically mentioned as an agenda item, but the convention arti-
cles that deal with "science" express approximately equivalent views.
However, in the 1971 Law of the Sea meetings, the Greek representa-
tive reminded the others that his delegation had proposed the inclusion
of an agenda item entitled "Archaeological and Historical Treasures of
the Sea Bed and the Ocean Floor Beyond the Limits of National Juris-
diction.'~ "Mankind," he said, "should be given the opportunity of
enjoying the rich archaeological and historical treasures of the seabed
which it should be one of the functions of the international machinery
to protect."
The U. N. Seabed Committee is now trying to provide a new Jaw of
~e sea ~at will translate the concept "common heritage of mankind"
mto specifi~ legal arrangements. It is first n~sary to agree on the
area to which ~e c?mmon-heritage concept applies. The most likely
final compronuse will be a twelve-mile-wide territorial sea and free
transit thro~gh all straits guaranteed by treaty. Between twelve and two
hundred miles, there would be a hresource zone," with states being
given limited jurisdic tion for specific purpos es such as fisheries and
minera l-resou rce manage ment. This zone betwee n twelve and two hun-
dred miles include s nearly 30 per cent of the world ocean and all of the
Medite rranean and Black seas that are of interes t to the deepwa ter
archaeo logist.
If these conven tions do prevail and are ratified, there will be an
effective twelve-mile limit within which the Medite rranean and Black
sea countri es will have effective control over wrecks and artifact s on
the bottom . Outside that area it is eviden t only a highly develop ed and
expensive technol ogy such as that propos ed here will be likely to
find old wrecks and salvage them. If this work is not sponso red by
one of the adjacen t countri es, that is hardly a reason to believe that
it will be less compet ently done and reporte d by citizens of anothe r
country .
Much of the great archaeo logical work in Medite rranean lands in
the past has been done by Germa n, French , and British worker s. Con-
siderab le unders ea archaeo logy has been done by French , Greek, and
Italian divers (not necessarily off the shores of their own countri es)
and by Americ ans who have generou sly donate d time and money to
the cause of underst anding ancient ships and civilizations. Some of the
most import ant finds have been made by dedicat ed but non-tra ined
archaeologists. Mainly, these men have left their finds behind for
local museum s, sometim es in contras t to the local divers, who have
been known to smuggle ancient objects out of the country for private
sale.
Often the scientific credent ials of foreign archaeo logical teams have
been less careful ly scrutini zed than their finances or their politica l
leanings.
Unders ea archaeo logy is legally and concep tually quite differen t
from unders ea mining or oil drilling. It is done only by intense ly in-
terested individ uals and is totally inappro priate for corpora tions whose
purpos e is profit. It attracts men who expect to work long, hard hours
for very little pay and who are conten t to be reward ed with the minor
glory that comes from new scientific or historic discoveries. They
would rather be known as the finder of an import ant ancient wreck
or historic al fact than have the moneta ry return that would come from
equival ent work in other fields. It is virtuall y certain that search- and-
salvage operati ons, whatev er they may be, will cost more than any
likely moneta ry return. Archae ologica l expedit ions foil owing the ideas
set forth here will not only be probing new depths for historical treas-
ures but new areas of interna tional interest .
This means that nationa l prestige will sometim es be at stake. Even
though archaeological finds are made well outside of any legally
claimed sea boundary, the nearest state may feel that somehow these
relate to its national history and wish to be involved. In any case, the
archaeologist leader would be wise to invite qualified archaeologists
of nearby countries to participate in his expedition and to report back
to their countrymen on whatever happens. Then there would be no
opportunity for rumors to start that suggest something valuable is
being discovered and kept secret from the outside world.
In summary, the present laws of the sea permit archaeological sal•
vage operations outside the twelve-mile limit off all Mediterranean
countries, but it would be well to have friendly political arrangements
before starting to work.
Width of
Territorial sea Fhlbiog Limit
Albania 12 12
Algeria 12 12
Bulgaria 12 12
Cyprus 12 12
Egypt 12 12•
France 12 12
Greece 6 6
Israel 6 6
Italy 6 12
Lebanon no legislation 6
Libya 12 12
Malta 6 6
Monaco 3 12
Morocco 12 10••
Spain 6 12
Syria l2 12*
Tunisia 6 12
Turkey 6 Mediterra,n ean Sea
1
12
Turkey 12 Black Sea 12
U.S.S.R. 12 12
Yugoslavia 10 12
U.K. 3 12
U.S.A. 3 12
• Plus stx
. m.1·1es " necessary supervision" zone
•• Except six miles at Strait of Gibraltar
APPENDIX 2
Temperature
Freezing (water) 0° Celsius (centigrade) 32° Fahrenheit
Boiling (water) 100° Celsius (centigrade) 2 12 ° Fahrenheit
Room temperature 22° Celsius (centigrade) 72° Fahrenheit
REFERENCES USED
Books
Articles
Dixon, J. E.; J. Ca.no, and Colen Renfrew. "Obsidi an and the Origins
of Trade," Scientific Americ an, March 1968, pp. 38-46.
Evans, J. W. "Marin e Borer Activity in Test Boards Operate d in the
Newfoundland Area During 1967-6 8," Contrib ution No. 39 of
Marine Sciences Research Labora tory, Memor ial University of
Newfoundland.
E. J. F. "Bronz e," Encyclopaedia Britannica, Vol. 4, pp. 241-42 ,
1948.
Frazer, J. Z.; G. Arrhenius, et al. "Surfac e Sedime nt Distrib ution-
Mediterranean Sea," Scripps Institut ion of Oceano graphy for the
U. S. Navy, 1970.
Jannasch, H. W.; and C. 0. Wirsen. "Deep- Sea Microorganisms: In
Situ Response to Nutrien t Enrichm ent," Science, May 11, 1973,
pp. 641-43 .
Kohlmeyer, Jan. "Deteri oration of Wood by Marine Fungi in the
Deep Sea," Special Technic al Publication No. 445, pp. 20-30.
North Carolin a Institute of Marine Sciences.
Lancaster, Donald. "Electronic Metal Detecto rs," Electronics World,
December 1966, pp. 39-42.
Meyer, Karl E. "The Plunder ed Past," The New Yorker , March 24,
March 31 , and April 7, 1973.
Muraok a, J. S. "Deep Ocean Biodeterioration of Materi als-Six
Months at 6000 Feet," U. S. Naval Civil Engineering Labora -
tory technical note N-1081, April 1970.
Price, Derek de Solla. "An Ancien t Greek Compu ter," Scientific
Americ an, June 1959, pp. 60-67.
Ross, D. A; E.T. Egens, and J. Macllvaine. "Black Sea: Recent Sedi-
mentary History," Science, Octobe r 9, 1970, pp. 163-65 .
Shore, Howard H. "Marin e Archaeology and Interna tional Law:
Background and Some Suggestions,'' The San Diego Law Review ,
Vol. 9, No. 3, May 1972. The University of San Diego.
Stang, Phillip D. "International Law and Right of Access," a position
paper done privately for ALCOA and Seafinders, Inc., 1971.
Stevenson, John. "Who ls to Control the Oceans?" The International
Lawyer, Vol. 6, No. 3, July 1972, pp. 465-77 .
216 REFERENCES USED
I
I
~ '
I ... '"
PHOTO BY RHO DA BASCOM
tmen in th e B.C. pe ri od : w lr
looked like, w ha t th ey carried, at ._th ey
ho w th ey w er e sailed.
sIDPs·To rn E BOTTOM-why ship
s sink (a nd ho w m an y ha ve su
deep water. nk) in
SHALLOW•\.VATER MARINE ARCH
AEOLOGY-a br ie f hi st or y of th
velopment of marine archaeol
ogy.
., e de -
· t ...
THE SURVIVAL OF ORGANIC MATER
IAL IN DEEP w ATER-the im po
of oxygen an d te m pe ra tu re . rt an ce
DEEP-WATER SEARCH-navigatio
nal problems an d m et ho ds fo
searching. r de ep
INSPECTION AND SALVAGE-sh
ip capabilities re qu ir ed ; us
duster, J-Star, T.V.S.S., CUR in g th e
V Il l, an d RUM; th e je t
rake for small artifacts; de ep
di vi ng systems an d sm al l
submarines.
.
TH EALCO~ SEAPROBE-characterist
ics an d capabilities; ho w pi
1s ha nd le d an d th e ad va nt ag pe
es of us in g it; se ar ch in g w it h
Alcoa Seaprobe; ho w th e id
ea ca m e ab ou t; a te st op er a-
tion off U.S. shores.
RECOVERY AN D _D1sP0s1noN-s
electing th e ri gh t w re ck for
cleaning ou t a hull an d lif tin sa lv ag e;
g it in on e piece· ca re an d
di sp osal of finds.
'
DEEP SHIPS, ANCIENT TREASURE-an intro duct ion to, and sum mar
y
of, the idea of sear chin g in deep wat er for trea sure that
mig ht have surv ived for thou sand s of years. ,: .:,.
THE MEDITERRANEAN AND BLAC K sEA s-th e geog raph ical setti ng for
deep expl orat ion. 1 . _
w
,
WARSHIPS-the natu re of anci ent wars hips ; how they were saile
d
and row ed; losses of loot ed art.
TRADERS UND ER SAI L-m erch antm en in the B.c. peri od: wlra
. :·• )
~'
t ._they
..--·
look ed like, wha t they carr ied, how they were sailed.
SHIPS.TO TiiE BOTTOM-why ship s sink (and how man y have sunk )
in
deep wate r.
SHALLOW-WATER MAR INE ARCHAEOLOGY-a brie f histo ry of the de-
velo pme nt of mar ine arch aeol ogy. · "'~
THE SURVIVAL OF ORGANIC MATERIAL IN DEEP WATER-t
he imp orta nce
of oxyg en and tem pera ture .
DEEP-WATER SEARCH-navigational prob lems and meth ods for deep
sear chin g.
INSPECTION AND SALVAGE-ship capa bilit ies requ ired ; usin g the
dust er, J-St ar, T.V.S.S., CUR V III, and RUM ; the jet
rake for sma ll artif acts ; deep divi ng syst ems and small
subm arin es.
TIIE ALCOA SEAPROBE-characteristics and capa bilit ies; how pipe
is han dled and the adva ntag es of usin g it; sear chin g with
Alco a Seaprobe; how the idea cam e abot lt; a test oper a-
tion off U.S. shores. \
RECOVERY AND DISPOSITION-selecting the righ t wreb k for salv age;
clea ning out a hull and lifti ng it in one piec e; care and
disp osal of finds.
a ! l!l!~IJl m~~I
H1&JlR.1a 1a.a - -
I m22n
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