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The wrecking of the Falmouth Postal Packet Hanover in 1763 led to three legal disputes and two court cases—in 1766 and 1997. This article recounts the origins and course of these disputes. It examines what the resolution of the 18th-century case and the second dispute has revealed of the law and practice of marine insurance in the mid 18th century. It further examines what the 20th-century case has revealed concerning the tension between ancient principles of commercial salvage and modern principles of heritage protection. Somewhat fortuitously, the examination of the case provides an opportunity to advance a simple solution to this conflict.

While the threat to the underwater cultural heritage from the treasure salvage industry is widely recognised, the approach to 'protection' ranges from absolute prohibition to the sale of state licences to the highest bidder. Even the former raises difficult problems of enforceability and the choice of mechanisms to determine whether in situ preservation is the preferred option for any particular wreck site. The common law jurisdictions have tended to prefer a regulated salvage regime, in which the courts themselves have a role in considering whether appropriate archaeological methodology is applied to the recovery of historic artefacts. This article examines the legal and economic basis of such an approach and evaluates whether the underwater cultural heritage has derived any discernible benefit from this judicial creativity. Inter alia, it concludes that the legal framework is itself flawed by uncertainty and that the deliberations of the court are hampered by procedural deficiencies.

The attempt to frame a Convention to protect underwater cultural heritage was initiated principally as a response to perceived threats from irresponsible salvage operations utilising new deep sea technology for commercial gain. This article evaluates the current UNESCO approach, suggests that narrow group interests have enjoyed disproportionate attention in the debate and proposes that a greater degree of consensus is a prerequisite for the success of the draft Convention for the Protection of the Underwater Cultural Heritage.

Dans cet article les AA traitent de la Convention UNESCO/DOALOS sur la protection de l'heritage culturel sub-aquatique. La question repose sur la definition de l'abandon et sur le principe de savoir si oui ou non la loi de sauvetage doit etre appliquee a l'heritage culturel sub-aquatique. Mais cette Convention, dans la forme courante envisagee, ne conduirait-elle pas a une violation des Droits de l'Homme par certains pays? Ceci constitue un obstacle reel a la ratification de la Convention.