Times have changed and the main motivation for wreck removal today is often concern for the environment, rather than any threat to safety of navigation. We now have a new international instrument which recognises both priorities, in full measure.’

The new convention defines a wreck related hazard as a ‘danger or impediment to navigation’ or a condition or threat that ‘may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of one or more states.’ A ‘wreck’ includes not only a ship but any object that was aboard a ship.

The new convention was adopted at an IMO diplomatic conference in Nairobi on 14 to 18 May. The Nairobi WRC will enter into force 12 months after ratification by 10 states. The Nairobi WRC requires shipowners to obtain insurance cover for the costs of wreck removal. Coastal States have the power of direct action against insurers. The convention provisions apply to the wrecks of vessels of 300 GT and over.

The ISU has consultative status with the IMO. The conference was attended by ISU legal adviser Archie Bishop. He said, ‘The Nairobi WRC is an important step forward. This instrument is unusual, however, in that it was principally designed for use in the Exclusive Economic Zone (EEZ). Normally, law is made for application in a jurisdiction, rather than in international waters. As a result, this convention’s provisions, insofar as they relate to the EEZ, apply only when both Flag State and Coastal State are parties to the new convention.

‘However, without prejudice to existing rights and obligations, contracting States have been given the option to extend the convention to wrecks within their territorial waters. This is likely to be an attractive option and cause more States to adopt the convention, because of the provisions for compulsory insurance and the right of direct action against the insurer. In short, applying the Nairobi WRC in territorial waters offers the Coastal State additional financial comfort.

‘Over the long term, the Nairobi WRC may contribute to an increase in salvors’ wreck removal workload in the EEZ, but its main importance will be in those States which adopt the option for its provisions to apply in territorial waters. The financial security gained will encourage States to more readily take action whenever there is a danger to navigation or an environmental threat.’