Case: Global Marine Exploration, Inc. v. Republic of France.
Guest: Joseph Carilli, Counsel at Floyd Zadkovich (US) LLP . This week, Luke Zadkovich and Joseph Carilli discuss the salvage of sovereign vessels in the U.S. territorial sea, focusing on the decision of the U.S. Court of Appeals for the Eleventh Circuit in Global Marine Exploration, Inc. v. Republic of France.
The case traces its origins back to the 16th century, when France challenged Spain’s control over territories in the Americas. In May 1565, seven French vessels led by Jean Ribault sailed to Florida, followed shortly by a Spanish fleet commanded by Pedro Menéndez de Avilés. After a hurricane struck in September 1565, several French vessels were driven south and sank off the coast near Cape Canaveral.
Centuries later, in 2015, Global Marine Exploration obtained a permit from the State of Florida to explore an offshore area near Cape Canaveral. During its exploration, the company identified several shipwrecks and believed one to be la Trinité, one of Ribault’s lost vessels. Global Marine contacted the French Embassy, but France responded via diplomatic note asserting ownership of the wreck and opposing any commercial exploration.
Despite this, Global Marine filed proceedings in the U.S. District Court for the Middle District of Florida seeking a salvage award and other remedies. The litigation included claims for a maritime lien, unjust enrichment, misappropriation of trade secrets relating to location data, and tortious interference with its relationship with the Florida Department of State.
France argued that the claims were barred under the Foreign Sovereign Immunities Act and the Sunken Military Craft Act. Ultimately, the courts agreed. The district court held that the Act barred both in rem and in personam salvage claims and found that la Trinité qualified as a sunken military craft. It also rejected Global Marine’s other claims, including unjust enrichment and trade secret misappropriation.
On appeal, the Eleventh Circuit affirmed the district court’s decision.
Luke and Joseph explore the legal framework governing sovereign wrecks, the application of the Sunken Military Craft Act, and the implications of the case for salvage operations involving historic vessels.
