‘That wicked custom’. Shipwrecks,ius naufragii and diplomacy in the medieval Mediterranean

Abstract

The ius naufragii, or the right to loot shipwrecks, represented a significant challenge in medieval maritime world. The article examines the efforts of some Italian maritime cities that were at the forefront of abolishing this practice and protecting their shipwrecked goods from the twelth century onward. These cities primarily used diplomatic measures, establishing treaties with other coastal powers to outlaw the practice across several areas of the Mediterranean. Legislative efforts are also reflected in the statutes of these communities. The recovery of shipwrecked goods was a complex practical endeavour, which could lead to case-by-case negotiations due to the persistent difficulty of enforcing the ban on ius naufragii. The article also questions the protective measures issued to maritime personnel, highlighting the collective response of merchant communities to address such a shared challenge.