ABSTRACT
Shipwrecks may have a complicated ownership status, not only because of the waters they lie in, but also because their cargo may belong to a community that was colonised, to one that does not exist today, or to a state whose territory belongs to a different, new state. State succession turns these shipwrecks into nationless shipwrecks. This chapter will study ethical and legal considerations of these shipwrecks, focusing on three main aspects: the different formulas for shipwreck claims; the controversy of state succession for underwater cultural heritage; and the debate on the return of cultural objects found in shipwrecks. The chapter will examine the case of Latin American territories colonised by the Spanish, where the terms ‘state of origin’, ‘identifiable owners’ and ‘verifiable link’ will be explored. Finally, we will establish the term ‘territorial provenance’ as the best concept to settle the legal controversies related to state succession and underwater cultural heritage.
