SUNKEN WARSHIPS AND MILITARY AIRCRAFT

Sunken warships, naval auxiliaries and other vessels owned or operated by a State and used at the time they sank only on government non-comm ercial service, and sunken aircraft used in military, customs and poli ce services are historical artifacts of special importance and entitle d to special protections. In particular, title to such vessels and air craft is not lost by the mere passage of time. Title is lost only by c apture or surrender during battle (before sinking), by international a greement, or by an express act of abandonment, gift or sale by the sov ereign in accordance with relevant principles of international law and the law of the flag State governing the abandonment of government pro perty. Further, these ships and aircraft may be the last resting place s of many sailors and airmen who died in service. A coastal State does not acquire any right of ownership to a sunken state vessel or aircra ft by reason of its being located on or embedded in land or the sea-be d over which it exercises sovereignty or jurisdiction. Access to such vessels and aircraft and their associated artifacts located on or embe dded in the sea-bed of foreign archipelagic waters, territorial seas o r contiguous zones, is subject to coastal State control in accordance with international law. Copyright (C) 1996 Elsevier Science Ltd.