19 Law of Wrecks
Edited By: David J Attard, Malgosia Fitzmaurice, Ignacio Arroyo, Norman Martinez, Elda Belja
- International environmental law — Seafarers — Nationality of ships — Straits
This chapter delves into the legal recognition and status of wrecks. Under the UK Merchant Shipping Act 1894, a ‘wreck’ is defined as including jetsam, flotsam, lagan, and derelict in or on the shores of the sea or any tidal waters. Additionally, the Collins English Dictionary defines the term shipwreck as the partial or total destruction of a ship at sea, a wrecked ship, or part of such a ship. These definitions were critical in establishing the international framework regulating wrecks-the Nairobi International Convention on the Removal of Wrecks, 2007. The Convention provides uniform international rules to ensure prompt and effective locating, marking, and removal of a wreck when deemed to be hazard. The chapter describes some of the Articles of the Convention, such as the establishment of the Convention area and the rights and obligation of States Parties regarding wrecks.