WRECKS OF THE WORLD II: THE WAY FORWARD – GOALS AND

INITIATIVES

  JJan de Boeran de Boer

Netherlands Representative and first Vice- Netherlands Representative and first Vice- Chairman IMO Legal CommitteeChairman IMO Legal Committee

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Chairman Committee of the Whole of the Chairman Committee of the Whole of the Nairobi International Conference on the Nairobi International Conference on the

RemovalRemoval of Wrecks, 2007of Wrecks, 2007

Legal basis for government intervention Sovereignty over Territorial Sea:Sovereignty over Territorial Sea: 1969 Intervention Convention:1969 Intervention Convention: measures to measures to

prevent, mitigate or eliminate prevent, mitigate or eliminate grave and imminent grave and imminent dangerdanger from pollution of the sea; from pollution of the sea;

Article 221Article 221 United Nations Convention on the Law United Nations Convention on the Law of the Sea, 1982 (UNCLOS) of the Sea, 1982 (UNCLOS) provides for aprovides for a lower lower intervention threshold intervention threshold in case of pollution of the in case of pollution of the seasea;;

Safety of navigation: Safety of navigation: protectprotection ofion of security and security and vital interestsvital interests

Nairobi Wreck Removal Convention: application to Historical Wrecks

Article 28 Vienna Convention on Law of Article 28 Vienna Convention on Law of Treaties;Treaties;

Nairobi Convention applicable to historic Nairobi Convention applicable to historic Hazardous wrecks;Hazardous wrecks;

Shipowner not retrospectively liable (art13 Shipowner not retrospectively liable (art13 Nairobi Convention);Nairobi Convention);

Retroactive application to other provisions of Retroactive application to other provisions of the Nairobi Convention the Nairobi Convention

Practical experience: urgent need for Nairobi Wreck Removal Convention

Many vessels/platforms and/or their cargo Many vessels/platforms and/or their cargo sink outside territorial waterssink outside territorial waters;; Difficult legal disputes and Difficult legal disputes and lenghty legal lenghty legal proceedingsproceedings;; Rights, duties and liabilities duly clarified Rights, duties and liabilities duly clarified by the Nairobi Wreck Removal Conventionby the Nairobi Wreck Removal Convention

WRECKS OF THE WORLD II: THE WAY FORWARD – GOALS AND

INITIATIVES The Nairobi Convention enters into force 1 year after The Nairobi Convention enters into force 1 year after

ratification by 10 States;ratification by 10 States; At present the number of Contracting States is 3; At present the number of Contracting States is 3; ItalyItaly and the and the NetherlandsNetherlands expected to ratify in 2012 expected to ratify in 2012

and the and the United KingdomUnited Kingdom has ratification bill before has ratification bill before Parliament;Parliament;

The IMO Legal Committee urges States to ratify the The IMO Legal Committee urges States to ratify the Nairobi Convention at earliest possible opportunity;Nairobi Convention at earliest possible opportunity;

EU Member States agreed in European Council to EU Member States agreed in European Council to ratify and implement before 31-12-2012ratify and implement before 31-12-2012