Nairobi International Convention on the Removal of Wrecks

Nairobi International Convention on the Removal of Wrecks
Name	Nairobi International Convention on the Removal of Wrecks
Adopted	2007
Location	Nairobi
Depositor	International Maritime Organization
Languages	English language
Entry into force	2015
Parties	70+

Nairobi International Convention on the Removal of Wrecks is a multilateral treaty adopted under the auspices of the International Maritime Organization to address the location, marking, removal and wreckage-related pollution risks from sunken and stranded ships. It establishes a legal framework for liability, prompt response, and financial responsibility in the aftermath of maritime casualties, linking to established regimes such as the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. The Convention has influenced state practice, admiralty litigation, and regulatory coordination among coastal and flag States, port Authorities, and salvage Organizations.

Background and Negotiation

Negotiations were convened by the International Maritime Organization following high-profile casualties including MV Bukoba, MV Prestige, Exxon Valdez, MT Erika, and Costa Concordia that highlighted gaps in post-casualty wreck removal and environmental protection. Delegates from United Kingdom, United States, Japan, Australia, France, Norway, Italy, Nigeria, India, Brazil, Spain, Greece, Panama, Liberia, China, Republic of Korea, Germany, Netherlands, Canada, and other maritime States debated issues of coastal State powers, flag State duties, and the role of Classification Societies such as Lloyd's Register and Det Norske Veritas. Technical input came from International Salvage Union, Intertanko, International Chamber of Shipping, United Nations Environment Programme, and insurers including Lloyd's of London and P&I Clubs of the London P&I Club type. The final text, adopted in 2007, reflected compromise between coastal protection advocates like Sierra Leone and major shipping registries such as Panama and Liberia.

Key Provisions and Obligations

The Convention creates obligations for Parties to require shipowners to locate, mark and remove wrecks posing hazards, and to ensure financial security. It grants coastal States powers to designate competent authorities, issue removal orders, and take emergency measures, while preserving flag State jurisdiction and the jurisdiction of port States such as Singapore and Hong Kong. The instrument requires compulsory insurance or other financial security and sets limits on liability derived from conventions including the International Convention on Civil Liability for Bunker Oil Pollution Damage and the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea. It prescribes procedures for notification to coastal States, coordination with salvage Masters, and interaction with Classification Societies like American Bureau of Shipping.

Scope, Application, and Definitions

The Convention applies to wrecks that constitute obstacles or pose pollution risks within the territorial sea, internal waters, exclusive economic zone, or equivalent maritime zones of Parties, and defines "wreck", "owner", "salvor", and "hazard" in alignment with instruments such as the United Nations Convention on the Law of the Sea. Definitions draw on precedents from the International Convention on Salvage and the 1992 Fund Convention. It distinguishes between immediate threats to navigation and long-term environmental risks exemplified by incidents like Prestige oil spill and clarifies the temporal and spatial reach of removal powers in coastal State maritime zones claimed under United Nations Convention on the Law of the Sea practice.

Implementation and State Responsibilities

Parties must designate national competent authorities, adopt implementing legislation, and maintain arrangements for rapid response, often coordinated with national agencies such as United States Coast Guard, Australian Maritime Safety Authority, French Maritime Gendarmerie, and regional bodies like the European Maritime Safety Agency. Implementation frequently involves port State control procedures used by Tokyo Memorandum of Understanding and Paris Memorandum of Understanding regimes. States also coordinate with international organizations including International Labour Organization where salvage operations implicate maritime personnel standards, and with International Association of Marine Aids to Navigation and Lighthouse Authorities for marking wrecks.

Liability, Compensation and Insurance

The Convention establishes strict liability of the shipowner for costs of locating, marking and removal and creates a compulsory insurance requirement, enabling coastal States to pursue direct claims against insurers and Protection and Indemnity Clubs. It complements liability regimes such as the LLMC Convention and the Civil Liability Convention frameworks, and has influenced jurisprudence in admiralty courts including cases before the Commercial Court (England and Wales), Singapore High Court, and Federal Court of Australia. Insurance practices evolved among underwriters at Lloyd's of London and global P&I Clubs to cover wreck removal exposures.

Amendments, Protocols and Related Instruments

Amendments and related instruments include alignments with the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage and interactions with the Bunker Convention. The Convention has been referenced in regional agreements and model laws promoted by International Maritime Organization subcommittees and has prompted discussions on protocols addressing historic wrecks, warship immunity issues involving United States Navy vessels and Russian Navy incidents, and cooperation with UNESCO on cultural heritage wrecks.

Impact, Compliance and Case Law

The Convention has shaped state practice in removal operations such as responses to Costa Concordia and other notable wrecks, influenced salvage contracting and towage policies used by Smit International and Boskalis, and informed decisions in arbitration panels administered by International Chamber of Commerce and admiralty litigation in jurisdictions like New York Court of Appeals. Compliance challenges persist for States with limited capacity, prompting multilateral assistance from United Nations Development Programme and bilateral cooperation with Japan International Cooperation Agency and United Kingdom Foreign, Commonwealth and Development Office programs.

Ratification, Entry into Force and Party Status

Adopted in 2007, the Convention entered into force in 2015 after the requisite number of ratifications and instruments of acceptance were deposited with the International Maritime Organization. Major Parties include United Kingdom, Netherlands, Greece, Japan, Norway, France, Italy, Spain, Portugal, Denmark, and others representing significant portions of the world fleet. Accession, ratification and implementation remain ongoing among significant flag States such as Panama and Liberia and among coastal States with high traffic through chokepoints like Malacca Strait and Strait of Gibraltar.

Category:International environmental treaties Category:International Maritime Organization treaties