Nuestra De La Mercedes

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In 2007, Odyssey Marine Exploration, a marine treasure hunting company, found a Spanish colonial-era shipwreck while surveying the waters off of Gibraltar for the colonial-era HMS Merchant Royal wreck. Odyssey salvaged the wreck, code-named Black Swan, in secret, recovering 594,000 silver coins estimated to be worth $500 million. After salvaging the coins, Odyssey transported them to the US for auction to the public. The ship was later confirmed to the Nuestra Señora de las Mercedes, a Spanish war frigate sunk by British ships in 1804 after it was blown off course returning from Peru. The Mercedes carried a mostly civil cargo comprising of Peruvian silver and several citizens’ personal cargos. Shortly after Odyssey publicly announced its find, …show more content…

However, “the Mercedes was not exclusively in non-commercial service when it sank” (Gomez, 218), but also carried civil cargo from twenty-five Spanish citizens and silver from Peru (Alderman, 3). Even though both the descendants of the twenty-five cargo owners and the government of Peru both filed claims to ownership of the cargo, the courts ignored these claims and had the coins shipped directly to Spain. In the 18th and 19th centuries, Spain had standard insurance system in which partners would fund ships through credit, or purchase space on Spanish warships (Gomez, 217), to spread out losses and divide profits from shipping (*insurance, 233). Therefore, it is reasonable to assume that, upon the loss of the Mercedes, the private shippers were compensated through insurance. This, however, still leaves out Peru’s claims to the cargo of the …show more content…

Between 1803 and 1804, the Mercedes left Peru for Spain, was blown off course, and was sunk by a British fleet. Since she never arrived in Spain, it makes little sense for the coins to have been “returned” to Spain. Instead, Peru should have received its preferential rights as both the cultural and historical country of origin. Since Peru was a colony of Spain in 1804, the court ruled that the coins belonged to Spain. However, under the law of State Succession’s article 13, a decolonized sovereign State has full jurisdiction over all of its natural resources (*Vienna). Peru argued that since these natural resources were taken from Peru as a result of vicious colonial exploitation, the silver coins should be repatriated (Alderman,

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