法国与国际法中关于沉船及沉物法规之研究国际法学专业论文.docxVIP

英文摘要Study 英文摘要 Study on The Status of Maritime Wrecks And Shipwrecks In French Law And International Law Abstract The shipwreck is the disqualification of a sh．ip，loosing its floatability．This disqualification changes his status，and thus the regime applicable to it regarding maritime law．But despite that disqualification，the fact of being formerly a ship makes that the more likely to govem shipwreck’S regime is the domestic law，and not really international law．The notion，and consequently the status of the shipwreck have known all evolution．The first part of the paper deals with that notion as it is treated by the different legislations．Apart from sunken ships，the notion of wreck includes also other objects fallen or found at sea，or on the shores．The legislation about maritime shipwrecks on French law is very rich，and is the result of a permanent evolving jurisprudence．Nowadays，the consideration of a shipwreck takes into account the value it may represent，financially，and also the archaeological，historic and cdmral value；or the danger it Can constitute while threatening navigation and the environment．All those characteristics are considered by the existing legislations．In intemational law the recent enactment of the Nairobi International Convention on Removal of Wrecks in 2007 shows the concern of the intemational community on issues of dangerous shipwrecks． French law based the qualification of a shipwreck around two cumulative criteria：the non．floatability and the abandonment by the crew．The second part deals wim the status of the shipwreck。All parties involved in a shipwreck have their parts of rights and obligations，from the finder of the shipwreck，to the inj unction power of the State， without forgetting the salvor and third parties．The obligations of the finder can change according to the kind of shipwreck，the power of the State has been increased regarding dangerous and archaeological shipwrecks。The regime of wreck removal also varies according to the nature of