Liberia continues to lead the way as sustainable shipping leader with ratification of the Nairobi Wreck Removal Convention (WRC)
Last month, the Liberian International Ship and Corporate Register (LISCR) became the first major ship registry to ratify the 2007 Nairobi Wreck Removal Convention (WRC), which is set to go into effect on April 14th, 2015. Liberia is one of eight flag states that have ratified the convention. Other flag states, including Panama, have announced their intention to ratify the WRC in the coming months leading up to and just following the April 14th enforcement date.
Like many other international safety and environmental regulations in the post-Exxon Valdez era, the WRC mostly just codifies what is considered responsible seafaring practice. Ideally, it will foster uniform and responsible treatment of wrecks worldwide.
Whether it can be enforced sufficiently, however, is another question. It will require ratification from more State Parties who can enforce the convention in their national waters (see below for details). It will also require proper enforcement on international waters, where a State Party can only enforce WRC statute if the wreck is a hazard to navigation or other coastal activities. Lastly, it will require State Parties to enforce the WRC when they are enabled to do so.
The major statutes of the WRC are as follows:
1. Allows a WRC State Party – a flag state that has ratified the WRC – to set conditions and deadlines for the removal of a shipwreck if it is located either within its Exclusive Economic Zone (EEZ) or its territorial waters at the cost and liability of the registered owner. The Affected State – jargon for a State Party dealing with a shipwreck in its national waters – may also intervene directly if there are environmental safety and protection concerns*.
2. A ship Master must mark his wreck with a location and detailed report to the affected state.
3. Each ship registered with a State Party must carry a certificate of approval in order to operate. Additionally, any ship not registered with a State Party may choose to obtain a certificate by applying for one with a State Party.
4. All ships over 300 gross tonnes must purchase liability insurance that covers a shipwreck as defined by the WRC. This insurer/guarantor must be stated on the certificate.
5. Cost and liability of the registered owner is directly and immediately transferred to the owner’s insurer or guarantor. There are instances, however, where the insurer can defend its claims and liability can be transferred either to the owner or a third party. Such instances include, but are not limited to, wrecks caused entirely by a third party, by an owner’s willful misconduct, and by an act of war**.
* A ship is very loosely defined as a seagoing water vessel that is neither a fixed structure nor a floating platform. The WRC does not specify a minimum gross tonnage. A shipwreck occurs if anything contained in or on a ship becomes detached from that ship.
** One issue that has yet to be resolved is the issue of liability during an act of terrorism.
Sources:
http://www.steamshipmutual.com/publications/Articles/Wreck1007.html
http://www.marinelink.com/news/convention-nairobi383986.aspx
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