Of greater interest for the purpose of this article are salvage agreements relating to the wrecks of some historic naval vessels over which the Crown would have been able to assert sovereignty against the claims of salvors
In 2004, after some proceedings in other fora, Salvors
filed an ICSID case under the Malaysia--UK BIT.
There are three necessary elements for a pure salvage claim: (1) there must be a marine peril (defined as an event placing the vessel at risk of loss or damage); (2) the salvors
must be successful, in whole or in part, in saving the vessel or its cargo; and (3) the salvage services must be voluntarily rendered.
property," (232) it provides profit (233) to the salvor
15) The Guidelines do not address the rescue of persons lost at sea, but they contain provisions both for masters and salvors
with respect to a ship seeking access to a place of refuge and for coastal states evaluating whether to grant refuge.
A mom-and-pop industry began to develop, usually people who signed on as salvors
just so they could buy an airplane to rebuild or for the parts to keep their personal airplane flying.
In Part I, this Article considers (1) whether historic shipwrecks should be afforded absolute protection as underwater cemeteries, (17) (2) the monetary value placed on historic shipwrecks by salvors
, (18) and (3) the struggle between salvors
and archaeologists over the proper treatment of historic shipwrecks.
But the law doesn't address wrecks farther out to sea, and lawyers for commercial salvors
have steadily whittled away at the legal definition of abandonment.
Steamship African Queen dealt with which of two rival salvors
were to be granted title to shipwrecked property.
,(37) the Ninth Circuit indicated that, if the Coeur d'Alene Tribe prevailed on its ownership claims, the relief against state officers would not bind the State (or its agencies),(38) which would evidently allow the State to bring its own quiet title action against the tribe.
are often involved in losses where stock or inventory is damaged because they are familiar with damage factors and can assist in minimizing the loss.
19) Accordingly, the Ninth Circuit held that Treasure Salvors
allowed the Tribe to seek all "relief [against state officials] other than relief that would foreclose the State's claim [to ownership] in future judicial proceedings.