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Chapter 122 His traitor, this hero

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There was no suspense in the arbitration in the morning. After the Peruvian and Bolivian applicant groups were defeated, they did not struggle too much.

Gu Kun and his party had lunch and came back after the lunch break to continue.

What we were going to face in the afternoon was a Spanish semi-official cultural relics protection organization. The reason for their application to suspend the auction was of course to question whether the sunken ship Gu Kun retrieved was an "abandoned object" or a "lost object."

I won’t go into too much detail about the concept of law, just translate it into simple human language.

If it is an "abandoned object", it is something that others do not want to throw away, and "preemptive re-acquisition" applies. It is like an old thing you throw away, whoever picks it up first will get it.

But the shipwreck was obviously not something that the original owner wanted to abandon subjectively. It suffered a natural disaster and sank. But because the people who salvaged the ship also spent considerable labor and cost to rediscover and salvage the things, there is a complicated process involved.

International treaty algorithm.

For example, under what circumstances, the person who caught the fish should share it with the original owner of the goods, and it should be to a certain extent and a certain proportion.

However, it should be noted that because shipwrecks generally have a long history, there is generally a problem with the validity of the original owner's protection in international legal injuries. In other words, it is impossible to allow a country's ancient lost objects to be recovered from the sea and forever be "requested to find the gold."

"Protection.

The most common one is "200-year ownership protection of one's own sunken ships within the territorial waters of other countries." This is basically recognized by all countries in the world.

For example, if a merchant ship owned by a Dutch company sank in China's territorial waters, if the ship sank less than 200 years ago, it would not be considered an ancient cultural relic, but a "modern disaster loss." If such a ship is recovered, the Dutch side will

It has the right to demand recovery. Just because it sank in China's territorial waters, it cannot be said that it belongs to China.

Logically speaking, this makes sense. Just as if you are still alive, you cannot say that if you lose something when you are a guest at someone else's house, that thing belongs to the owner of the house.

The period of 200 years is not fixed. If there are special circumstances, the International Maritime Disputes Arbitration Tribunal will grant grace.

For example, if the owner of the ship is still alive and the country where it is located is not seeking to recover it, then he can request a longer period of retroactive protection.

To put it in human terms, for example, if this ship belongs to a certain company hundreds of years ago, and that company has lived for more than 200 years and is still alive today, then its effectiveness in pursuing the case will be greater than that of ordinary companies.

The country where the company is located has stronger recourse. (If the company is no longer there, and the country where the company was registered is the country where the company is registered, the recourse will be much weaker than if the "sufferer" company is still alive.)

But when it comes to Gu Kun's case, the situation is even more complicated.

Because Gu Kun caught it on the high seas, and in order to catch Filipino fish in the future, Gu Kun did not disclose too much coordinate information in advance, but only submitted it to the arbitration tribunal as evidence.

Therefore, Spain mistakenly thought that there was hope for a 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

It's 300 years.

The Spanish side still lacks relevant archival information. It does not clearly know the specific year that the ship sank that Gu Kun found. It also has to bet that Gu Kun will not be able to find enough logbooks and other evidence to prove the age of the ship's sinking.

There were several more wonderful but fruitless struggles.

This kind of dramatic situation is destined not to happen in a court trial. Only the sensational screenwriters of Hong Kong legal dramas would dare to write like this——

Because the court trial cycle is very long and rigorous, and to prevent both the plaintiff and the defendant from raiding evidence, all evidence must be exchanged before the trial. In other words, both the plaintiff and the defendant already know what the other party is going to submit before the trial begins.

The evidence is there.

But international arbitration does not have this problem.

Because arbitration is final and is not a "two-instance system" or the "three-instance system" in some countries, there is no need to worry about one party holding back the decisive evidence until the second instance or other decisive moment before suddenly bringing it out.

, not giving the other party a chance to make a comeback", so evidence in international arbitration can be submitted and exchanged at any time.

This makes the arbitration process very photogenic.

It is very suitable for providing news media with twists and turns, and can even be as dramatic and exciting as those made-up legal dramas.

"Fuck! We have all fallen into that cunning Chinese man's trick! He simply deliberately pretended that there was insufficient historical evidence to seduce us into applying for arbitration and make us embarrassed!"

After the Spanish trial lawyers complained about the protection period elements several times but were rejected by the physical evidence provided by Sofia, the West finally realized that it was being used to build its reputation.

You shouldn’t have fantasized in the first place!

They also tried to partially modify the terms of the complaint, give up some of their claims, and settle with the assistance of the arbitral tribunal.

For example, they proposed that the 20 tons of Mexican Eagle Ocean should be discarded (that thing has low cultural relic properties and is just ancient precious metal currency), but they hope to recover some items such as the Mayan sun disk, the "Tombaga" gold mask, and the Inca

Roses and other "Historical Trophies of the Spanish Crown".

Their reason is quite sincere: although these goods do not belong to a Spanish company that has existed for hundreds of years, they legally belonged to the Spanish royal family at that time and were tribute to the royal family from the Peruvian governor of Lima.

Although Spain has gone through several political twists and turns, it still has a king. Carlos I, who is currently in power, has been orthodox for hundreds of years. He has the right to inherit the royal treasure and so on.

Unfortunately, these last struggles were all dissuaded by the evidence chain designed by Sophia in advance.

"I'm sorry, we are just doing business. If you want, you can buy them back. If you really think these things can be regarded as your 'national treasures'."

At the end of the arbitration, Sophia very politely and elegantly gave the applicant a suggestion to solve the problem.

The representative of the Spanish consortium was very angry.



In the next two days, all arbitrations were completely concluded.

After the Spaniards were defeated, the only remaining victim was the Philippines.

However, their resistance was even worse than that of the Spanish.

The Philippines did not have any rights to the property before the ship sank. They just suspected that the sunken ship "may have sunk in the territorial waters of the Philippines because Gu Kun did not clearly disclose the coordinates of the sunken ship. It was just that Gu Kun forged the second scene after salvage and falsely claimed that the ship sank."

It sank on the high seas beyond the territorial waters line.”

But there is no doubt that the reason why they have this fantasy is because Gu Kun gave them. With the support of the evidence of fishing, these Filipinos just showed their faces.

Apart from a few final threats, they could do nothing else.

"Friends in the media, are you doing your best these days? Has the relevant farce been exaggerated in Spain, the Philippines and other countries?"

After the court adjourned on the last day, Gu Kun immediately caught Tang Jia, his eye-opening assistant, and asked her about the latest developments in the media.

Tang Jia obviously had a lot of good news these days, and she smiled broadly when she spoke:

"It's very impressive. Now the national awareness publics in Spain and the Philippines are so angry that they have made the news known to everyone. At this time, if any of the 'patriotic national capitalists' from Spain and the Philippines come forward and buy some of these precious cultural relics

If we go back, we will definitely be able to gain the support of the people of our country. They don’t think they have lost money, they just think of it as buying something to advertise the company.”

This is easy to understand. Just like when the bronze beast of the Old Summer Palace was stolen and auctioned by foreigners, if any Chinese national enterprise bought it back at a high price, it would definitely be regarded as a national hero by domestic national observers.

Therefore, even if they know that this is a conspiracy of the enemy, some capitalists are still willing to spend the money after weighing it.

Who makes the ignorant people who are the targets of their propaganda unable to understand this?

"That's good, let's try to get a good start the day after tomorrow and get a higher price than expected." Gu Kun lit up a cigar and said with a cold look.

"You should first consider what will happen if you offend someone. I always feel that it is not cost-effective to put yourself under a dangerous wall for these premiums." Tang Jia sighed.

"You can't settle the accounts like this." Gu Kun waved his hand to disperse the smoke and taught earnestly,

"You can't just see that I hurt the feelings of the Spanish people and the Filipino people, you also have to see that I have aroused the national pride of China.

As long as this kind of news is properly hyped, I can become "a hero who, in the context of the mainstream era where the West is looting the cultural relics of ancient civilizations, can in turn take back the relics of ancient civilizations that Westerners have stolen."

In the eyes of the Chinese public, all Westerners are called "foreigners", and the Spanish colonists are also hateful colonists. Even if the Spanish colonists had no chance or ability to colonize China - well, in fact, strictly speaking, they are considered

If you have been here before, didn’t you get a little bit of it during the Eight-Nation Allied Forces?”

"You are the boss. If you think it's good, then forget it." Tang Jia shrugged nonchalantly.


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