法國與國際法中關(guān)于沉船及沉物法規(guī)之研究.pdf

1、The shipwreck is the disqualification of a ship，loosing its fioatability.Thisdisqualification changes his status，and thus the regime applicable tO it regardingmaritime law.But despite that disqualification，the fact of be

2、ing formerly a ship makesthat the more likely tO govem shipwreck'S regime is the domestic law，and not reallyinternational law.The notion，and consequently the status of the shipwreck have knownall evolution.The first part

3、 of the paper deals with that notion aS it is treated by thedifferent legislations.Apart from sunken ships，the notion of wreck includes also otherobjects fallen or found at sea，or on the shores.The legislation about mari

4、timeshipwrecks on French law is very rich，and is the result of a permanent evolvingjurispmdence.Nowadays，the consideration of a shipwreck takes into account the valueit may represent，financially，and also the archaeologic

5、al，historic and cmmrN value；orthe danger it Can constitute while threatening navigation and the environment.All thosecharacteristics are considered by the emsfing legislations.In international law the recentenactment of

6、the Nairobi International Convention on Removal of Wrecks in 2007shows the concern of the intemational community on issues of dangerous shipwrecks.French law based the qualification of a shipwreck around two cumulative c

7、riteria：thenon-floatability and the abandonment by the crew.The second part deals witll the statusof the shipwreck。All parties involved in a shipwreck have their parts of rights andobligations，from the finder of the ship

8、wreck，to the injunction power of the State，without forgetting the salvor and third parties.The obligations of the finder can changeaccording to the kind of shipwreck，the power of the State has been increased regardingdan