WRECKS OF THE WORLD II:
THE WAY FORWARD – GOALS AND
INITIATIVES
Jan de Boer
Netherlands Representative and first ViceChairman IMO Legal Committee
&
Chairman Committee of the Whole of the
Nairobi International Conference on the
Removal of Wrecks, 2007
Legal basis for government
intervention
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Sovereignty over Territorial Sea:
1969 Intervention Convention: measures to
prevent, mitigate or eliminate grave and
imminent danger from pollution of the sea;
Article 221 United Nations Convention on the
Law of the Sea, 1982 (UNCLOS) provides for a
lower intervention threshold in case of pollution
of the sea;
Safety of navigation: protection of security and
vital interests
Nairobi Wreck Removal Convention:
application to Historical Wrecks
Article 28 Vienna Convention on Law of
Treaties;
 Nairobi Convention applicable to historic
Hazardous wrecks;
 Shipowner not retrospectively liable (art13
Nairobi Convention);
 Retroactive application to other provisions
of the Nairobi Convention
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Practical experience: urgent need for
Nairobi Wreck Removal Convention
Many vessels/platforms and/or their cargo
sink outside territorial waters;
 Difficult legal disputes and lenghty legal
proceedings;
 Rights, duties and liabilities duly clarified
by the Nairobi Wreck Removal Convention
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WRECKS OF THE WORLD II:
THE WAY FORWARD – GOALS AND
INITIATIVES
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The Nairobi Convention enters into force 1 year after
ratification by 10 States;
At present the number of Contracting States is 3;
Italy and the Netherlands expected to ratify in 2012
and the United Kingdom has ratification bill before
Parliament;
The IMO Legal Committee urges States to ratify the
Nairobi Convention at earliest possible opportunity;
EU Member States agreed in European Council to
ratify and implement before 31-12-2012