With Steven Spielberg’s Goonies story being brought to life last week, now is the time to discover the real world of underwater cultural heritage that parallels the captivating realm of treasure hunting. Named ‘The Beeswax Project’ on account of the beeswax chunks found floating to shore, the Spanish galleon that may have inspired ‘The Goonies’ was also carrying a diverse selection of Chinese porcelain when it capsized in 1693. So what happens to these treasures, and are they actually up for grabs by just anyone?

Despite the informal approaches to legality surrounding sunken ships, maritime salvage law and international protections attempt to eliminate the destruction of these sites by treasure hunters. Law of salvage states that upon voluntarily rescuing a vessel or its cargo from marine peril, the salvor is entitled to compensation, but the 1982 United Nations Convention on the Law of the Sea describes this as an ‘invitation to loot’ more than anything. Courts in Canada, Finland, and Ireland have even found the law of salvage inapplicable to wrecks, seeing as marine peril has passed and the site remains undisturbed for centuries at a time.

In addition to being difficult to prove in a court of law, the outdated tactics used by treasure hunters have been explicitly targeted by the 2001 UNESCO Convention. The convention ‘provides a common legally binding framework for States Parties on how to better identify, research, and protect their underwater heritage while ensuring its preservation and sustainability,’ as well as stating it ‘shall not be traded, sold, bought, or bartered as commercial goods.’ To discourage private salvage, all abandoned shipwrecks are treated as the property of the coastal nation whose continental shelf or offshore territory contains the wreckage. Although the convention may be explicit in its intentions, conventions are often vague, susceptible to misinterpretation, and participation is ultimately a voluntary act of state parties.

Just like any other protective convention, there is still room for manipulation and the opportunity to exploit despite what it outlines. Treasure hunters with the means to explore and salvage wrecks cite the outdated law of salvage, and retroactively ask for permission from authorities. Although there are standing consequences for those who wish to salvage today, there is a slew of explorers and treasure hunters who have profited off of international waters decades before protective measures were taken. Sellers source from the internet, taking advantage of gray areas in online markets, providing little to no information in terms of authenticity. Although anyone can get coins authenticated with third party coin certification services, a lack of provenance and traceable ownership does not instill confidence in a collector’s pursuit of history.

There are ways to source these treasures, ethically, however, as pointed out by Cannon Treasure Beach Company. Numismatists Robert Lewis and April Knecht outline a list of tips and advice for collectors on the search for modern-day treasures here. Emphasizing the importance of the preservation of cultural heritage above all, the duo recommend buying objects from dealers who advocate for ethical acquisition, have conservation experience, and provide extensive documentation and authentication. Additionally, they ask that potential buyers, ‘Please do not purchase coins or antiquities from war-ravaged areas of the world.’ The rise of lawless militant groups throughout the world has led to violence-fueled, and history-destroying, black markets that continue to destabilize these already devastated areas.’ Certifying these factors aids in the resale of these objects, with auction houses and dealers becoming more and more interested in championing ethical trade. Maritime treasures permeate antiquities markets globally, making it that much easier to acquire historically rich objects without illicit undertones. 

from the desk of Madison Kelley

Bibliography

“Beeswax Wreck Project.” Maritime Archaeological Society. Accessed August 3, 2022. https://maritimearchaeological.org/beeswax-wreck/.

Dromgoole, Sarah. Underwater Cultural Heritage and International Law. Cambridge Studies in International and Comparative Law. Cambridge: Cambridge University Press, 2013. doi:10.1017/CBO9781139020503.

Marples, Megan. “Centuries-Old Shipwreck Thought to Have Inspired 'the Goonies' Has Been Discovered off Oregon Coast.” CNN. Cable News Network, July 26, 2022. https://www.cnn.com/2022/07/26/world/goonies-shipwreck-oregon-discovery-scn/index.html.

"Shipwreck & Buried Treasure Coin Buying Guide - Cannon Beach Treasure Company". Accessed 2022. Cannonbeachtreasure.Com. https://cannonbeachtreasure.com/pages/treasure-coin-buying-guide.

UNESCO, Convention on the Protection of Underwater Cultural Heritage, 2001. https://unesdoc.unesco.org/ark:/48223/pf0000126065.