MercoPress. South Atlantic News Agency

UK and Spain in diplomatic exchange over Odyssey wrangle

<i>Odyssey Explorer</i> arrested by Spanish Patrol ship

Spain's detention of the treasure-hunting ship Odyssey Explorer on Tuesday has prompted a diplomatic exchange between London and Madrid over the status of waters around Gibraltar.

The ship was stopped just over three miles from the Rock in what Madrid claims are Spanish territorial waters. But Britain regards these as international seas under the United Nations Convention of the Law of the Sea and this week sent a note verbale to the Spanish Government saying as much. "We sent the note to protest that the detention occurred in international waters," said a spokeswoman for the British embassy in Madrid. The UK did not consider that Spain had jurisdiction over those waters and that therefore it had no right to intercept the vessel or crew. The Spanish Government replied with its own diplomatic note re-stating its position that the detention occurred in its territorial waters. The issue of the sovereign status of seas around the Rock is likely to figure prominently at the next round of talks under the Trilateral Forum for Dialogue scheduled for November 6 in Castellar. The three governments have already stated their desire to seek closer cooperation on maritime matters, but the status of the waters around Gibraltar and the corresponding issues of jurisdiction could prove thorny to resolve. Odyssey Marine Exploration, the US company that operates the Odyssey Explorer, echoed the British position and said the detention was illegal because as far as the company is concerned, it took place in international waters. Under the Law of the Sea convention, such a detention can only take place with the consent of the ship's flag state, which in this case is the Bahamas. No such consent was sought. Spain's position is that the Guardia Civil officers who detained the ship were acting on the orders of a Spanish court in full compliance with Spanish law. The court is investigating an alleged breach by Odyssey Marine Exploration of Spanish heritage laws, something the company vehemently denies. Following the ship's detention Spanish Culture Minister Antonio Molina said the Florida-based company was made up of "modern pirates" and warned that "against pirates, there have always been navies, laws and the rule of law." "We will pursue them wherever they are," he told reporters. "It is a question of national pride and patriotism." Guardia Civil officers and court officials completed their search of the Odyssey Explorer yesterday afternoon but the vessel remained berthed alongside at the Port of Algeciras. Company lawyers are due to meet with the investigating judge this morning to establish whether the ship is free to sail from the port. Sterling Vorus, the ship's captain, was released from detention but will have to report to the court every 15 days. He was arrested for disobeying orders after he allegedly refused to let Guardia Civil officers on board his vessel once it docked in Algeciras.(Gibraltar Chronicle)