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Murky Waters: The Law and Economics of Salvaging Historic Shipwrecks

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Author Info
Paul Hallwood (University of Connecticut)
Thomas J. Miceli (University of Connecticut)

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Abstract

The salvage of historic shipwrecks involves a debate between salvors, who wish to maximize profit, and archeologists, 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 re-considers current U.S. and international law in light of the results.

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File URL: http://www.econ.uconn.edu/working/2004-40.pdf
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Publisher Info
Paper provided by University of Connecticut, Department of Economics in its series Working papers with number 2004-40.

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Length: 27 pages
Date of creation: Dec 2004
Date of revision:
Handle: RePEc:uct:uconnp:2004-40

Note: We acknowledge the helpful comments of Dr. Toni Carrell, Robert Neyland, and an anonymous referee.
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Postal: University of Connecticut 341 Mansfield Road, Unit 1063 Storrs, CT 06269-1063
Phone: (860) 486-4889
Fax: (860) 486-4463
Web page: http://www.econ.uconn.edu/
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Related research
Keywords: Historic shipwrecks; Law of salvage; Admiralty law; Archeological value.;

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Find related papers by JEL classification:
K1 - Law and Economics - - Basic Areas of Law
K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Louis Kaplow & Steven Shavell, 1999. "Economic Analysis of Law," NBER Working Papers 6960, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  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.
    Other versions:
  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 2009-11-24.


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