Perus interest in the Black Swan

[Cablava]

Peru's interest in the Black Swan

http://docs.justia.com/cases/federal/district-courts/florida/flmdce/8:2007cv00614/197978/120/

 

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[pcolaboy]

Re: Peru's interest in the Black Swan

Oh lord here we go

 

[Salvor6]

Re: Peru's interest in the Black Swan

Thats funny, the Republic of Peru did not even exist when this ship went down. I think I will put my claim in there too!

 

[Consolación Diver]

Re: Peru's interest in the Black Swan

What a joke....... if anyone was going to cry that they deserve a share of the goodies besides Spain, it should be Bolivia....home to Potosi. This is where where the silver was mined and even if the coins have Lima mintmarks, the silver still most likely came from Potosi.

I say anything found in international waters that is older than 100 years is "ABANDONED". If these countries want to start laying claims to shipwrecks, they should start by paying a large part of the salvage fees, and then see what the courts decide. The salvors spent the money, did the research and they deserve the goodies. If Spain and Peru want artifacts for their museums, they should buy them from the people that had the motivation to find them.

What really makes me mad is that these countries insist that in-situ conservation is the best method for preserving shipwrecks. This is fine for their territorial waters, but lets see what they have left in another 300 years.

I'm just waiting to hear Africa make their claim.....after all, it was probably African slaves that turned the mills to crush the ore.

 

[Cablava]

Re: Peru's interest in the Black Swan

Independence of Peru proclaimed in Lima on July 28, 1821


After the splitting of the Alto Peru in 1815, the Republic of Bolivia was created. In 1837, the Peru-Bolivian Confederation was also created but, it was dissolved two years later due to the Chilean military intervention.

 

[jeff k]

Re: Peru's interest in the Black Swan

Odyssey Marine Exploration Welcomes Peru's Filing In "Black Swan" Case
Wednesday August 20, 9:35 am ET

TAMPA, Fla.--(BUSINESS WIRE)--Odyssey Marine Exploration, Inc. (Nasdaq:OMEX - News), the world leader in the field of deep-ocean shipwreck exploration, announced today that the Republic of Peru filed a motion in federal court in one of the company’s pending admiralty cases. As anticipated after numerous statements in the media, Peru formally filed a Verified Conditional Claim in the “Black Swan” admiralty case, which was originally filed by Odyssey Marine Exploration. The case is currently pending before the U.S. District Court in Tampa, Florida.
“Odyssey's position is to encourage every appropriate claimant to present its potential claims in a case like this, so we welcome Peru's filing, even as the Company reserves its legal position. If the court does not find that the property was abandoned, we believe that the property in the “Black Swan” case would be handled under the traditional law of salvage,” said Greg Stemm, Odyssey Chief Executive Officer.

The nature of a salvage award is that the award to the salvor is not dependent upon the number of claimants. Claimants other than the salvor must either enter into an agreement amongst themselves to split the owner's percentage of a find or submit their individual claims to the court for adjudication. For instance, in the case of the Central America, an award of 92% of the cargo was made to the salvor, and the remaining 8% was held in trust while various insurance companies were given the opportunity to present their respective claims.

“We believe that Peru's filing raises a significant and timely question relating to whether a former colonial power or the colonized indigenous peoples should receive the cultural and financial benefit of underwater cultural heritage derived from the previously colonized nations. Odyssey would be pleased to involve Peru in the study and archaeological investigation of any property that is found to have originated in Peru, without regard for whether Peru has any legal rights to the property. We would also be pleased to extend the same courtesy to any other sovereign government, indigenous people, relatives or descendants who might have a legitimate claim or interest in property discovered on any of Odyssey's shipwrecks,” Mr. Stemm added.

 

[Saturna]

Re: Peru's interest in the Black Swan

Odyssey Marine Exploration Welcomes Peru's Filing In "Black Swan" Case

“We believe that Peru's filing raises a significant and timely question relating to whether a former colonial power or the colonized indigenous peoples should receive the cultural and financial benefit of underwater cultural heritage derived from the previously colonized nations. Odyssey would be pleased to involve Peru in the study and archaeological investigation of any property that is found to have originated in Peru, without regard for whether Peru has any legal rights to the property. We would also be pleased to extend the same courtesy to any other sovereign government, indigenous people, relatives or descendants who might have a legitimate claim or interest in property discovered on any of Odyssey's shipwrecks,” Mr. Stemm added.

Such polite, flowery wording. I bet what's said behind closed doors is somewhat different.

 

[alpha105]

Re: Peru's interest in the Black Swan

In order for anyone to have any claims on the swan they have to prove active searching within the last 100 years.....I'm not sure what is considered the minimal amount either. At least thats how i believe it works. Personally.....screw anyone trying to claim the odyssey's property.....they can rot in their third world. Honestly.......