Underwater Legality, Archaeological Reality? The Ethics behind Nuestra Señora de las Mercedes Shipwreck in Cultural Heritage Management Submitted by (original) (raw)

The discovery of Nuestra Señora de las Mercedes shipwreck in 2007 sparked an unprecedented response in cultural heritage management by the Kingdom of Spain, strengthening the sense of an ethical approach in the fields of legality and archaeology. Experience in previous court cases won in U.S. Jurisdiction with El Juno and La Galga meant the participation, signature and ratification of 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. The project design included in its annexe made the internationalisation of the country a reality, helping to modernise intervention and contingency plans against plundering, whose amelioration experienced a boost by the illegal subtraction of an unknown colonial vessel, suspected to be a historical Spanish warship. Originally named The Black Swan project by Odyssey Marine Exploration, this case trespassed numerous legal and archaeological boundaries internationally, helping Spain to become the leading country in ethics worldwide. The regulation and renewal of national laws since then made PNPPAS and The Green Paper possible: coordination among local, regional and national administrations, the acquisition of new technology, the establishment of a strict code of ethics in archaeology and the prosecution of salvage as a decent job, launched the country’s image further beyond, thanks to the support of personal pride, robust documentation, great defence at court and coverage by the media. Treasure hunting activities under water thus began a decline that continues until today.