The Agreement Concerning the Shipwrecked Vessel RMS Titanic is a treaty open to all states regarding the protection of the shipwreck of the RMS Titanic. Following the passage of the RMS Titanic Maritime Memorial Act in 1986, the United States began negotiations in 1997 with the United Kingdom, France, and Canada toward an agreement to protect the wreck. The agreement was signed by the UK in 2003 and by the US in 2004. It was not until 2019 that the US ratified the agreement, bringing it into effect on 18 November, the day of deposit of the instrument of ratification.
 | |
| Drafted | 6 November 2003 |
|---|---|
| Location | London, United Kingdom |
| Effective | 18 November 2019 |
| Condition | Consent to be bound by two parties |
| Parties | |
| Depositary | Government of the United Kingdom of Great Britain and Northern Ireland |
| Language | English and French |
| Full text | |
 Agreement Concerning the Shipwrecked Vessel RMS Titanic at Wikisource | |
Background
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In 1912, the British ocean liner, RMS Titanic, sank after colliding with an iceberg in the North Atlantic Ocean while en route from Southampton to New York City.[1] The location of its shipwreck was unknown until its discovery in 1985 by Robert Ballard, 350 nautical miles (400 mi; 650 km) off the coast of Newfoundland, Canada.[2] Ballard neglected to make a claim of salvage, which allowed the wreck to become subject to looting and unregulated salvage operations. In response, the United States passed the RMS Titanic Maritime Memorial Act in 1986,[3] which recognized the shipwreck as an international maritime memorial,[4] and authorized the National Oceanic and Atmospheric Administration and the Department of State to negotiate an international agreement to protect the wreck.[3]
Negotiation and ratification
editNegotiations between the United Kingdom, United States, France, and Canada began in 1997, and were concluded on 5 January 2000 producing an agreement.[5][6] The UK signed the resulting agreement on 6 November 2003,[7] using a "definitive signature without reservation as to ratification",[8] and passed The Protection of Wrecks (RMS Titanic) Order 2003 under the Merchant Shipping Act to implement it.[9] The United States signed the agreement on 18 June 2004.[7]
On 15 April 2012, the Titanic wreck, which lies in international waters, automatically became protected by UNESCO, under the 2001 Convention on the Protection of the Underwater Cultural Heritage, which protects cultural, historical, or archaeological objects that have been underwater for 100 years.[10]
It was not until 18 November 2019 that the treaty was ratified by US Secretary of State, Mike Pompeo, on behalf of the United States.[2] On that date, the instrument of ratification was deposited with the United Kingdom and the agreement went into effect.[11] The treaty required ratification by only two of the four negotiating parties for it to become effective.[12] The treaty requires both the United Kingdom and the United States to regulate persons and vessels under their respective jurisdictions in their interactions with the wreck.[13] Specifically, both countries can grant or deny licenses to permit entry into the shipwreck or to remove items from it. The UK has expressed its intention to urge other North Atlantic countries to join the agreement, especially Canada and France.[2]
References
editCitations
edit- ^ "US, UK ratify treaty to protect Titanic wreck". Agence France-Presse. 21 January 2020. Archived from the original on 21 January 2020. Retrieved 21 January 2020.
- ^ a b c "RMS Titanic wreck to be protected under historic treaty with US". UK Government. 21 January 2020. Archived from the original on 21 January 2020. Retrieved 21 January 2020.
- ^ a b "Safeguarding the RMS Titanic's final resting place". National Oceanic and Atmospheric Administration. 19 December 2019. Archived from the original on 7 January 2020. Retrieved 21 January 2020.
- ^ "R.M.S Titanic Maritime Memorial Act of 1986". National Oceanic and Atmospheric Administration. 9 July 2018. Archived from the original on 24 December 2019. Retrieved 21 January 2020.
- ^ "Final Minute of the Negotiations for an Agreement Concerning the Shipwrecked Vessel RMS Titanic" (PDF). NOAA Office of General Counsel. Archived (PDF) from the original on 13 May 2017. Retrieved 14 April 2020.
- ^ Aznar & Varmer 2013, p. 107
- ^ a b "R.M.S Titanic - International Agreement". National Oceanic and Atmospheric Administration. 2 July 2018. Archived from the original on 29 September 2019. Retrieved 21 January 2020.
- ^ "Agreement concerning the Shipwrecked Vessel RMS Titanic: status list". Government of the UK. Retrieved 1 February 2020.
- ^ "The Protection of Wrecks (RMS Titanic) Order 2003". UK Government. Archived from the original on 12 September 2016. Retrieved 14 April 2020.
- ^ Guerin 2012, p. 1
- ^ Godin, Mélissa (21 January 2020). "The Titanic Wreck Will Now Be Protected Under a 'Momentous Agreement' With the U.S." Time. Archived from the original on 21 January 2020. Retrieved 21 January 2020.
- ^ Aznar & Varmer 2013, p. 108
- ^ "United States Accepts Agreement Protecting Titanic Wreck Site". US Government. 19 December 2019. Archived from the original on 20 December 2019. Retrieved 21 January 2020.
Sources
edit- Guerin, Ulrike (15 April 2012). "The Protection accorded to the Titanic by the UNESCO Convention on the Protection of the Underwater Cultural Heritage" (PDF). UNESCO. Archived (PDF) from the original on 16 May 2017. Retrieved 25 January 2020.
- Aznar, Mariano J.; Varmer, Ole (2013). "The Titanic as Underwater Cultural Heritage: Challenges to its Legal International Protection". Ocean Development & International Law. 44 (1): 96–112. doi:10.1080/00908320.2013.750978. S2CID 154643759.
