Nairobi International Convention on the Removal of Wrecks came into force on 14th April 2015 and has been ratified by now by over 40 states across the world (among them Australia, China, India, South Africa and most of the EU countries). The convention provides legal framework for action taken by the Coastal States aiming at removal of wrecks posing danger or impediment to navigation, as well as to the marine environment, or damage to the coastline or related interests of one or more States.

The Convention fills the existing legal gap by enabling the States to remove wrecks beyond their territories (as well as within if States decide so). Beside the existing international regulations like Intervention Convention or UNCLOS, the Nairobi Convention clarifies the Costal State’s rights to remove wrecks from its EEZ if they pose a danger for safe navigation or marine environment. The Convention corresponds with mentioned conventions but also equips Coastal States with new legal instruments to deal with hazardous wrecks beyond their territory. The aim of the paper is to analyse the new rights and duties of states, as well as scope of the notion of navigational and environmental threats causes by wrecks. It will refer also to regulatory problems faced by the states implementing the Convention. Even if the Convention is to be applied to territorial sea, its multiple provisions are not. Moreover, the Convention leaves many important aspects unregulated. Those issues will be analysed from the perspective of a country which has not yet ratified the Convention, and will be confronted with the experience from other jurisdictions.

Wrecks lying on the seabed pose a risk to both shipping and the marine environment and the interests of the country in whose area the wreck is located. This problem has been recognized internationally and resulted in the enactment of the Nairobi International Convention on the Removal of Wrecks under the auspices of the IMO. Under the convention, it is the ship’s registered owner who is financially responsible for removing the wreck from the seabed. In addition, the convention imposes an obligation to carry insurance or provide other financial security to cover the cost of removing the wreck. The interested state party will be able to make direct claims to insurers for claims related to the removal of the wreck. The scope of the convention covers the exclusive economic zone in principle, but it also contains optional provisions allowing its provisions to be extended to the territorial waters of the interested states.