Lloyd's Maritime and Commercial Law Quarterly

Professor Francis D Rose

Document

THE WRECK REMOVAL CONVENTION 2007

Nicholas Gaskell*

Craig Forrest**

The Nairobi Wreck Removal Convention 2007 places significant obligations in respect of the reporting, location, marking and removal of wrecks, not only on states, but also on shipowners. It has two main aims. First, it seeks to extend the powers of a coastal state to protect its marine and coastal environment and ensure that navigation to and from its ports is unhindered by having a hazardous wreck within its EEZ removed. Secondly, the Convention not only empowers a coastal state to have such a wreck removed, but to do so at the shipowner’s expense, while at the same time ensuring that shipowners are able to cover this possible expense through a system of compulsory insurance. These aims are only partially successful (quite apart from a surprising uncertainty as to how

* Professor of Maritime and Commercial Law, TC Beirne School of Law, University of Queensland, Australia; Barrister, Quadrant Chambers, London.

** Professor, Director, Marine and Shipping Law Unit, TC Beirne School of Law, University of Queensland, Australia.

The following abbreviations are used:

Athens Convention: Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974;

Athens Convention 2002: Athens Convention as amended by 2002 Protocol;

Bunkers Convention: International Convention on Civil Liability for Bunker Oil Pollution Damage 2001;

CLC: International Convention on Civil Liability for Oil Pollution Damage 1969;

CLC 1992: CLC as amended by 1992 Protocol;

Fund Convention: International Convention on the Establishment of an International Fund for Oil Pollution Damage 1971;

Fund Convention 1992: Fund Convention as amended by 1992 Protocol;

Griggs: P Griggs, “Wreck removal: Draft Convention”, CMI Yearbook 2005–2006 (2006) 376;

HNS Convention: International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996;