ABSTRACT

The Nairobi Wreck Removal Convention 2007 was the first international convention seeking to impose uniformity on what was previously a patchwork of legislation dealing with wreck removal issues. Prior to the Nairobi Convention, the main motivation for wreck removal was to avoid threats to the safe navigation of other vessels. Within exclusive economic zone (EEZ), provisions apply to all wrecked vessels, whatever their nationality or flag. The provisions relating to compulsory insurance or security under Art.12 apply to vessels flying the flag of a contracting State, and to vessels visiting ports in a contracting State, but to no others. Under Arts.7 and 8, a coastal state is bound to give warning of a wreck on becoming aware of it, and it determines it to be a hazard. The scheme of the Nairobi Convention is to ensure that the costs of dealing with wrecks are as far as possible paid by the registered owner, irrespective of any question of fault.