
Today, if news reports are correct,
Odyssey Marine Exploration will reveal that they have found the original HMS Victory, a 110 gun British man-of-war that sank October 4, 1744 in the English Channel. Odyssey found this more than 50 miles from where anybody would have thought it went down.
Federal court records filed by Odyssey in Tampa reportedly seeks the exclusive salvage rights for the site that is 25 to 40 miles from the English coast, outside of its territorial waters. A British Ministry of Defense spokesman said yesterday that "assuming the wreck is indeed that of a British warship, her remains are sovereign immune."
So, what does sovereign immune mean?
Basically, it means that Odyssey Marine Exploration can not take anything off that ship without the express consent of the United Kingdom. Here in the U.S., the Department of the Navy retains custody of all its sunken ships regardless of whether they were sunk in U.S., foreign, or international waters. The navy says these wrecks are not abandoned, but remain the property of the government and are immune from the law of salvage.
However, the claim of sovereign immunity apparently does not guarantee a pause in the plundering. In March 2007, Odyssey salvaged 17 tons of mainly silver and some gold

coins from a wreck believed to be the Nuestra Senora de las Mercedes, which sank off the coast of Spain. The government of Spain says it has never expressly abandoned any of its vessels lost at sea and wants every last coin returned. Odyssey asserts that the cargo recovered do not represent an entity to which sovereign immunity would apply. Spain had argued in September that the U.S. Federal Court did not have jurisdiction over the case and that the case should therefore be dismissed. This case is still in the courts.
While there is no multilateral treaty governing the treatment of sunken warships, sovereign immunity doctrine does help prevent destruction and wrongful taking of submerged ships. However, just like with most water issues, legal issues with shipwrecks are complicated.
Learn more:
Sovereign Immunity and the Management of United States Naval Shipwrecks