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

WRECKS OF THE WORLD II: THE WAY FORWARD – GOALS AND INITIATIVES. J an de Boer Netherlands Representative and first Vice- Chairman IMO Legal Committee & Chairman Committee of the Whole of the Nairobi International Conference on the Removal of Wrecks, 2007.

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

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  1. WRECKS OF THE WORLD II: THE WAY FORWARD – GOALS AND INITIATIVES Jan de Boer Netherlands Representative and first Vice- Chairman IMO Legal Committee & Chairman Committee of the Whole of the Nairobi International Conference on the Removalof Wrecks, 2007

  2. Legal basis for government intervention • Sovereignty over Territorial Sea: • 1969 InterventionConvention:measures to prevent, mitigate or eliminate grave and imminent danger from pollution of the sea; • Article 221 United NationsConventionon 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

  3. Nairobi Wreck Removal Convention: application to Historical Wrecks • Article 28 ViennaConventionon Law of Treaties; • Nairobi Conventionapplicable to historicHazardouswrecks; • Shipownernotretrospectivelyliable (art13 Nairobi Convention); • Retroactiveapplication to otherprovisions of the Nairobi Convention

  4. Practical experience: urgent need for Nairobi Wreck Removal Convention Many vessels/platforms and/or their cargo sink outside territorial waters; Difficultlegaldisputes and lenghty legal proceedings; Rights, duties and liabilitiesdulyclarifiedby the Nairobi WreckRemovalConvention

  5. WRECKS OF THE WORLD II: THE WAY FORWARD – GOALS AND INITIATIVES • 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

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