Chapter 122: The traitor of the other, the hero of this
There was no suspense in the morning arbitration, and the applicants from the two countries did not struggle too much after the defeat of the two countries.
Gu Kun and his entourage had lunch, and came back after the lunch break to continue.
In the afternoon, we had to face a Spanish semi-official cultural relics conservation organization, and the reason for their application to suspend the auction was, of course, to question whether the wreck that Gu Kun had caught was an "abandoned object" or a "lost property".
I don't have much to say about the concept of law, but I will translate it into simple human words.
If it is an "abandoned item", it is something that someone else should not lose, and the "second preemptive acquisition" applies. It's like an old item you throw away, and whoever picks it up first will go to whomever you want.
But the shipwreck was obviously not subjectively wanted to be abandoned by the original owner, and the people suffered a natural disaster and sank. But because the people who salvaged the boats also paid a lot of labor and cost to rediscover and salvage things, there is a complex set of international treaty algorithms.
For example, under what circumstances, the person who caught it should share with the original owner, and should "pick up gold" to a certain extent and a certain percentage.
However, it should be noted that because shipwrecks are generally relatively old, there is still a problem of the timeliness of the protection of the original owner in international law. In other words, it is impossible to allow a country's ancient lost property to be protected forever after it is caught in the sea.
The most common one is "200-year ownership protection of shipwrecks in the territorial waters of other countries", which is basically recognized by all countries in the world.
For example, if a merchant ship of a Dutch company sinks in China's territorial waters, if the shipwreck is less than 200 years old, it is not an ancient cultural relic, but a "modern disaster loss".
Logically, this also makes sense, just like you are still alive, you can't say that you go to someone else's house and lose something, and that thing belongs to the owner.
The 200-year period is not fixed, and in exceptional circumstances, the tribunal will grant grace.
For example, if the subject who owned the ship itself is still in existence, and it is not the country where it is located to seek claim, then he can ask for a higher period of retroactive protection.
To put it mildly, for example, if the ship is the ship of a company hundreds of years ago, and that company has lived for more than 200 years and is still alive to the present day, then the effect of its recourse is stronger than that of the ordinary country where it is located. (If the company is no longer there, but the country where the company was registered is recourse, the retrospective strength is much weaker than if the "bitter master" company is still alive in person)
But when it comes to Gu Kun's case, the situation is even more complicated.
Because Gu Kun was caught on the high seas, and in order to catch Filipino fish in the future, Gu Kun did not have too much information on the coordinates to be publicized in advance, but only submitted it to the arbitral tribunal as evidence.
Therefore, the Spanish side mistakenly thought that there was a dozen ideas for the protection period - if its own ship sank in the territorial waters of another country, it would be protected for at least 200 years, and if it sank on the high seas, the protection period would be extended, at least 300 years.
The Spanish side also lacks relevant archival materials, does not know exactly what year Gu Kun was sunk, and gambles that Gu Kun will not be able to catch enough logbooks and other evidence to prove the age of the ship's sinking.
This kind of dramatic situation, if it is in a court trial, it is destined not to appear, only the grandstanding screenwriter of a Hong Kong film legal drama dares to write like this-
Because the trial cycle of the court is very long and strict, it is necessary to prevent the original defendant from engaging in evidence raids, so all evidence must be exchanged before the trial, that is to say, both the original defendant and the defendant already know what evidence the other party wants to submit before the trial.
This is not the case with international arbitration.
Because arbitration is final, not a "two-instance final adjudication system" or a "three-instance final adjudication system" in some countries, there is no need to worry about the problem that "one of the parties will hold the decisive evidence and save it for the second instance or other decisive moment to suddenly take it out, so as not to give the other party a chance to turn the tables", so the evidence of international arbitration can be submitted and exchanged at any time.
This makes the process of arbitration very photogenic.
It is very suitable for contributing to the news media with twists and turns, and can even be as dramatic and wonderful as those legal dramas that are made up.
"Grass! We have all fallen for the trick of that cunning Chinese man! He is deliberately half-concealing and pretending that the evidence of the age is insufficient, luring us to apply for arbitration, and making us lose face!"
The Spanish trial lawyer, after several appeals against the elements of the protection period were rejected by the physical evidence provided by Sofia, the West finally realized that it was being used to gain prestige.
You shouldn't fantasize about it in the first place!
They also attempted to partially modify the conditions of the complaint, waive part of the claim, and settle with the assistance of the arbitral tribunal.
For example, they proposed that the 20 tons of Mexican Eagle Ocean could be dispensed with (that thing was not a cultural relic, just an ancient precious metal currency), but hoped to recover some "historical trophies of the Spanish royal family" such as the Mayan Sun Disk, the "Tumbaga" gold mask, the Inca rose, etc.
Their reasons are also quite sincere: although these goods are not a Spanish company that has existed for hundreds of years, they legally belonged to the Spanish crown at that time, and they were tribute to the royal family by the Peruvian governor of Lima.
And Spain, despite its ups and downs, still has a king. Carlos I, who reigns today, has been orthodox for centuries, and he has the right to inherit royal treasures.
It's a pity that these last struggles were dissuaded one by one by the chain of evidence designed by Sophia in advance.
"I'm sorry, we're just doing business, if you want, you can pay for it back." If you really think these things are your 'national treasures'. ”
At the end of the arbitration, Sophia was very polite and graceful to give the claimant a proposal to resolve the issue.
Angered the representative of the Spanish consortium.
......
Two days later, all arbitrations were concluded once and for all.
After the Spaniards were dealt with, the only remaining sufferer was the Philippines.
However, their resistance was even more unbearable than that of the Spaniards.
The Philippines did not have any rights and interests in the property before the sinking of the ship, but they suspected that the wreck "may have sunk in the Philippine territorial waters" because Gu Kun did not clearly publicize the coordinates of the wreck, but Gu Kun faked the second scene after salvaging it, falsely claiming that it sank on the high seas outside the territorial sea line.
But there is no doubt that the reason why they have this fantasy is also given to them by Gu Kun. With the blessing of the fishing evidence, these Filipinos are just sending their faces to the door after all.
They could do nothing but threaten a few cruel words at the end that "may damage the national feelings of the Filipino people and affect the diplomatic relations between the Philippine people."
"Haven't media friends been able to do anything these days?
After the adjournment on the last day, Gu Kun immediately caught his assistant Tang Jia, who had brought an eye-opening experience, and consulted her about the latest developments in the media.
Tang Jia obviously has a lot of good news in the past few days, and she smiled when she spoke:
"It's very powerful, and now the national attention in Spain and the Philippines is angry, and the news is known to everyone. At this time, if any of the 'patriotic national capitalists' of West and the Philippines come forward and buy back some of these precious cultural relics, they will definitely be able to gain the support of their own national people. They don't lose money, they just buy things to advertise for companies. ”
This is very easy to understand, just like when the bronze beast head of the Old Summer Palace was plundered and auctioned by foreigners, if any Chinese national enterprise bought things back at a high price, it would definitely be regarded as a national hero by the national attention in China.
Therefore, even if they know that this is a conspiracy of the enemy, there are still some capitalists who are willing to spend this money after weighing it.
Who makes this incomprehensible to the ignorant people who are the object of their propaganda?
"That's good, try to get off to a good start the day after tomorrow and fetch a higher price than expected. Gu Kun lit a cigar and said with a cold gaze.
"You better think about what happens if you offend someone, I always feel that it is not cost-effective to put yourself under the wall for the sake of these premiums. Tang Jia sighed and said.
"You can't count it that way. Gu Kun waved his hand to disperse the smoke and taught earnestly,
"You must not only see that I hurt the feelings of the Spanish people and the Filipino people, but you also have to see that I have inspired national pride in China.
This kind of news, as long as it is hyped properly, can become 'a hero who can in turn plunder back the relics of ancient civilizations looted by Westerners in the context of the mainstream era when the West is looting the cultural relics of ancient civilizations'.
In the eyes of the Chinese public, all Westerners are called 'foreigners', and the Spanish colonists are also hateful colonizers, even if the Spanish colonists did not have the opportunity or ability to colonize China back then - well, in fact, strictly speaking, they are also here, didn't they get a little bit of it when they were in the Eight-Nation Alliance. ”
"You're the boss, if you think it's good, that's fine. Tang Jia shrugged indifferently.
......
At the same time, in Madrid, in Manila, in some dark corners, some consortia have begun to secretly hate, raise money, and lay out at the same time, trying to do something at the same time.