Tuesday, February 28, 2012

Odyssey Marine: Carriage of Coinage Rules

While the archaeological community has pitched Spain's win in the Odyssey Marine Case as win for archaeology over the commercial exploitation of shipwrecks, the decision was in fact narrowly based on the fact that a Spanish warship carried the treasure, i.e., archaeological arguments were not result determinative.

Indeed, if anything, the decision is a defeat for repatriation in a broader sense; in awarding the treasure to Spain, the U.S. courts also turned down Peru's claims to the treasure largely based on the moral argument that Colonialist Spain stole it from the Peruvian people.

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