Skip to the main content

Original scientific paper

The legal situation of the wreck of the ironclad ''Re d'Italia'' sunk in the 1866 battle of Vis (Lissa)

Vladimir Đuro Degan orcid id orcid.org/0000-0001-6884-1189 ; Jadranski zavod HAZU


Full text: english pdf 389 Kb

page 1-10

downloads: 1.101

cite


Abstract

There is an allegation that wrecks of warships remain the property of the flag State wherever located and notwithstanding the passage of time since their sinking, unless expressly abandoned by the flag State. In this light the author discusses the situation of the wrecks of ironclads “Re d’Italia” and Palestro sunk by the Austrian Navy in the
1866 Naval Battle near the island of Vis which is now the territory of Croatia. Upon sinking these wrecks became the property of Austria as its booty in that war. By way of succession of States they are now the property of the Republic of Croatia. Therefore Italy as the former flag State has no entitlement to these wrecks. Besides, both Croatia
and Italy are actually parties to the 2001 UNESCO Convention for the Protection of the Underwater Cultural Heritage. On behalf of its Article 12 Croatia has the exclusive right to regulate and authorize activities on these two wrecks, because they are situated
on the bottom of its territorial sea.

Keywords

warships, sovereign immunity, wrecks - owneship, booty of war, inter-temporal law, underwater cultural heritage, states with a verifiable link

Hrčak ID:

97326

URI

https://hrcak.srce.hr/97326

Article data in other languages: croatian

Visits: 2.327 *