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Murky Waters: The Law and Economics of Salvaging Historic Shipwrecks

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Author Info
Paul Hallwood
Thomas J. Miceli

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Abstract

The salvage of historic shipwrecks involves a debate between salvors, who wish to maximize profit, and archaeologists, who wish to preserve historical value. Traditionally, salvage of shipwrecks has been governed by admiralty law, but the Abandoned Shipwreck Act of 1987 transferred title of historically important wrecks in U.S. waters to the state in whose waters the wreck is found, thereby abrogating admiralty law. This paper examines incentives to locate and salvage historic wrecks under traditional admiralty law and proposes an efficient reward scheme. It then reconsiders current U.S. and international law in light of the results.

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File URL: http://www.journals.uchicago.edu/cgi-bin/resolve?id=doi:10.1086/501094
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Publisher Info
Article provided by University of Chicago Press in its journal The Journal of Legal Studies.

Volume (Year): 35 (2006)
Issue (Month): ()
Pages: 285-302
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Handle: RePEc:ucp:jlstud:v:35:y:2006:p:285-302

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  1. Louis Kaplow & Steven Shavell, 1999. "Economic Analysis of Law," NBER Working Papers 6960, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  2. Dromgoole, Sarah, 2004. "Murky waters for government policy: the case of a 17th century British warship and 10 tonnes of gold coins," Marine Policy, Elsevier, vol. 28(3), pages 189-198, May. [Downloadable!] (restricted)
  3. William M. Landes & Richard A. Posner, 1978. "Salvors, Finders, Good Samaritans and Other Rescuers: An Economic Study of Law and Altruism," NBER Working Papers 0227, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  4. Shavell, Steven & van Ypersele, Tanguy, 2001. "Rewards versus Intellectual Property Rights," Journal of Law & Economics, University of Chicago Press, vol. 44(2), pages 525-47, October.
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  5. Lueck, Dean, 1995. "The Rule of First Possession and the Design of the Law," Journal of Law & Economics, University of Chicago Press, vol. 38(2), pages 393-436, October.
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This page was last updated on 2009-11-16.


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