Wreck Removal Convention
A draft wreck removal convention (WRC) is being developed by the Legal Committee and it is anticipated that it will be ready for consideration by a Diplomatic Conference in the 2004-2005 biennium.
The WRC is intended to provide international rules on
the rights and obligations of States and ship-owners in dealing with wrecks and drifting
or sunken cargo which may pose a hazard to navigation and/or pose a threat to
the marine environment. The draft Convention currently being considered by the
Legal Committee is intended to clarify rights and obligations regarding the
identification, reporting, locating and removal of hazardous wrecks, in
particular those found beyond territorial waters.
The draft Convention covers:
- reporting and locating ships and wrecks - covering the
reporting of casualties to the nearest coastal State; warnings to mariners
and coastal States about the wreck; action by the coastal State to locate
the ship or wreck).
- determination of hazard - sets out who is responsible for
determining whether a hazard exists when the wreck or ship is beyond
territorial waters, based on a list of specific criteria, including depth
of water above wreck and proximity of shipping routes;
- rights and obligations to remove hazardous ships and wrecks - sets
out when the ship-owner is responsible for removing the wreck and when a State may
intervene;
- financial liability for locating, marking and removing ships and
wrecks;
- time-bar - sets a time limit for claims for compensation;
- jurisdiction - sets out jurisdiction(s) where actions for
compensation may be brought;
- financial security - sets out security required to cover
liabilities regarding claims for compensation under the Convention;
- settlement of disputes.
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