Au_Dreamers said:
Ben,
I just say for the first portion of the post that two wrongs don't make one right. It always baffles me when people start using other's wrongs to justify theirs. Also we are talking about a "sovereign nation, not ancestors of individuals.
I totally agree with that. I wasn't arguing two wrongs make a right, more that the crimes they were committing back then aren't the crimes they are now. This was the done thing. I'm not trying to play it down but in 200 years time, people could look back at us and disagree with our actions. I'd hate to think there'll be feuds between nations because we're breaking laws now that wont even be passed for another 100+ years.
If you consider that rightly or wrongly, as from the time it was shipped onto the boat, it belonged to Spain, taking what is either thus property of Spain and/or OM to give back to the South Americas would almost be a second wrong. You took my money, so 400 years later I'm going to take it back.
The sovereign nations still exist and don't go on the same way, therefore you can only attribute blame to the individuals in power at the time. The nations were ran by groups of people and individuals, the individuals running the colonies, enslaving & murdering the indigenous populace. It's to these people we must apportion the blame, not the nation itself.
VOC said:
"To stop this happening in the future there should be international laws created which specifically dictate who gains possession of finds and fee's of recovery"
There is Ben, Odyssey plaid by the rules and followed the international laws to the letter. (
http://en.wikipedia.org/wiki/Admiralty_law#Salvage_and_treasure_salvage)
Unfortunately Spain will not play by the international rules.
Yes, I realise there are current laws covering this but to my admittedly unqualified mind, they seem very long winded and the whole court process/contracts procedure seems unnecessary. Surely a fixed % ruling would take away the long delays both salvager and the owner of the property must suffer as it stands. If the reward is not enough to the salvager, then allow the owner of the property right to offer to cover the costs of the salvage or something.
Also, I may be mistaken here but wasn't the Mercedes working for the sovereign state of Spain (though some of it's cargo was private owned) at the time when she sunk? Wouldn't that give her (or a portion of it's cargo) immunity from certain salvaging laws?
I'll add that I have no bias as a Briton. In fact, we sunk her so perhaps I do have reason to acquit the people of yore.
Ben