Answer
The Nairobi WRC was adopted on 18 May 2007 and entered into force on 14 April 2015. Its main purpose is to provide a legal framework for locating, marking and removing wrecks that pose hazards to navigation or the marine environment, with liability generally placed on the registered owner.
Ship — Definition
As per Article 1(2):
“Ship” means a seagoing vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources.
Wreck definition:
(a) A sunken or stranded ship;
(b) Any part of a sunken or stranded ship,
(c) Any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea;
(d) A ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.
Key provisions/Significance of Wreck
1.Hazard Assessment – Wreaks are assessed for hazards to navigation, the marine environment
2.Strict liability – The registered shipowner is strictly liable for costs of locating, marking & removing the wreck, subject to limited defences
3.Compulsory insurance – shipowner must maintain insurance or financial security to cover wreck removal liabilities.
4.State Intervention – If the shipowner fails to act, the affected state may remove the wreck & recover costs directly from insurer.
5.Application area – wrecks in EEZ, but state may extend its scope to territorial waters.
6.Reporting & marking – obligations to report, mark & remove hazardous wreck are clearly outlined.
Convention area means the exclusive economic zone of a State Party for applicability in territorial waters party has to inform SG.
A State Party shall require the master and the operator of a ship flying its flag to report to the Affected State without delay when that ship has been involved in a maritime casualty resulting in a wreck.
Compulsory Insurance or other financial security
1.The registered owner of a ship of 300 gt
2.A certificate attesting that Insurance or other financial security is in force
Time limits
Rights to recover costs under this Convention shall be extinguished unless an action is brought hereunder within three years from the date when the hazard has been determined in accordance with this Convention. However, in no case shall an action be brought after six years from the date of the maritime casualty that resulted in the wreck