A Fight for Rights: Underwater Archaeological Sites

Colombia claims that a 2013 law passed by its government gives the country rights to any submerged objects under Colombian jurisdiction. However, this legislation is at odds with customary international law, which generally assigns ownership to the ship’s original owner (Spain in the case of the San Jose). However, this legislation does not address what to do with the contents of the ship. Peru and descendants of Peruvian miners have both asserted ownership for the multibillion dollar cargo, since most of it was extracted from the Incas during the 1700s.

Meanwhile, an American exploration firm called Sea Search Armada claims it discovered the shipwreck in 1981 and gave its location to the Colombia government, entitling them to a portion of the treasure under the Law of Salvage. This maritime legislation recommends a salvage reward amounting to 10-25% of the ship’s total value. Colombia claims the wreck was found in a different nearby location.

A well-preserved shipwreck off the southern coast of France has experienced far fewer ownership disputes since its discovery by the French Navy in June 2025. It is the deepest wreck ever found in French territorial waters at 1.5 miles below the surface and requires the use of submarine robots to examine its contents. Although the ship was sailing from Northern Italy when it went down, France has claimed ownership under the Law of Finds (following “finders keepers” logic) and the 1982 United Nations Convention on the Law of the Sea. It helps that the cargo includes hundreds of pieces of tableware rather than gold coins.

Researchers plan to draw a 3D digital version of the wreck and extract samples for study before returning them to their watery resting place. Shipwreck preservation best practice is to keep the contents underwater so their historical and ecological value can be retained. Exposing objects to the air once they have been submerged for a long period results in rapid deterioration. The marine ecosystems and artificial reefs that have developed around a wreck are also likely to be disturbed or destroyed by wholesale removal. Leaving a ship where it is likewise maintains its historical integrity for future study.

This widely accepted best practice is part of the reason why concerns were raised when Colombia’s president announced in 2015 that the San Jose’s contents would be housed in a new museum. To date, only non-invasive surveys have been conducted, so the creation of a museum is far-off in the future, if it even comes to fruition at all. Excavating the wreck site once it has been surveyed is estimated to cost $60 million.

Although the two aforementioned shipwrecks have made recent headlines, others are being found at an increasing pace. Climate change and technological advancements have made it easier to identify once-lost cargoes. An estimated three million shipwrecks exist worldwide and less than 1% have been explored, so the questions around ownership and preservation that come with new discoveries are here to stay. How we answer them will determine to what extent the past makes itself known to the present.