If the assh0le judge is gonna give it back to anybody, he should give it to the descendants of the Incas from whom Spain stole the gold in the first place.
Or, if he wants to be REALLY politically correct, have it melted down and placed back in the Earth - ‘Goddess Gaia’ - from whom the Incas “stole” it before the Spaniards stole it.
This decision is bull crap, and the judge is an assh@t.
The judge is following the precedence of fairly established law regarding maritime salvage of warships.
I doubt any other lower court judge would have found different.
If someone wishes to establish new law in this arena then it will likely be done through higher courts or treaties.