PRES 6520 | Environmental Law: Historic Preservation
Professor Lloyd Shields
This project analyzed the ongoing international legal dispute over the San José galleon, a Spanish warship sunk off the coast of Cartagena in 1708. Drawing from environmental, maritime, and preservation law, I examined competing claims from Colombia, Spain, Sea Search Armada (a U.S.-based salvage firm), and the Qhara Qhara Indigenous community of Bolivia. My analysis highlighted the limitations of existing international frameworks—such as UNCLOS and the 2001 UNESCO Convention—in resolving conflicts over submerged heritage, especially when sovereign immunity, commercial salvage rights, and Indigenous restitution overlap. The paper also addressed environmental and ethical concerns associated with deep-sea salvage and war grave protection, proposing collaborative stewardship as an alternative to single-party ownership. This project bridged U.S. preservation case law with evolving global standards for managing underwater cultural resources, emphasizing the need for inclusive and non-exploitative governance models.