The Nairobi International Convention on the Removal of Wrecks 2007: implementation of the norms to the national legal space of Ukraine

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The Nairobi International Convention on the Removal of Wrecks 2007: implementation of the norms to the national legal space of Ukraine

Journal Title: Lex portus - Year 2017, Vol 6, Issue 4

Abstract

The adoption of the Nairobi International Convention on the Removal of Wrecks has almost become the greatest achievement of recent years. For this reason, most of the naval states started to work on ratification of the Convention in their own country. Ukraine also became one of such states. In Ukraine, in 2014, the process of ratification of the said convention has begun. Starting the ratification of this international legal act, Ukraine will have to do much work for the implementation of the norms in the national legislation, namely: 1. Assuring of the correct and proper translation of the text of the Convention into Ukrainian language. When the Convention was translated into Ukrainian, some mistakes were made. Mistranslation can lead to many problems using the rules of the Convention. For this reason, attention should be paid to the correct and proper use of norms in national legislation. 2. Definition of the Convention Area. The Convention establishes the operation of the rules in the Exclusive Economic Zone of the state and the possibility of its use in the territorial sea, if the state makes the appropriate amendments, during ratifying the convention. However, in practice many questions arise regarding to the implementation of norms and also establishment of a clear boundary between the application of international norms and national legislation; the realization of the rights and obligations of the shipowner, the State concerned and the States Parties to the Convention, and others. 3. Recognizing all the issues and problems concerning the concept of "danger" and establishing the forms of removal of a sunken ship, Ukraine should make a clarification. 4. Ensuring the correct interpretation of the concept of "sunken property" and "sunken ship". The unclear use of the concept of a sunken ship in the national law does not make it possible to determine what exactly refers to this concept, and which forms can be used for the removal. 5. Determination of obligations of the concerned State in accordance with the norms of the Convention and obligations of the captain of sea port. 6. The obligation of the concerned State to locate the sunken ships to ensure navigational safety. A very important factor for ensuring safe navigation is the use of information from official marine navigational charts and navigation guides 7. Obligatory insurance and regulation of certification issues on the territory of States that have not ratified the Convention. It is necessary to pay attention to the control of insurance certificates and financial security at the state level. Recognizing the fact that the problems of sunken vessels can turn into a catastrophe which can lead to endanger shipping, the ratification by Ukraine of the Nairobi International Convention on the Removal of Wrecks 2007 is a significant and necessary step. Unfortunately, for the successful use of the norms and rules of this Convention, Ukraine needs to carry out normative acts in relation to the change of existent legislation and acceptance of new legal acts.

Authors and Affiliations

Ольга Савич, Olga Savych

Keywords

EP ID EP248560
DOI -
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