The Nairobi Convention will come into force in April 2015. It provides a strict liability regime for the removal of hazardous wrecks in Exclusive Economic Zones, with states able to pursue owners for compensation when forced to carry out remedial measures themselves. Direct action against insurers is also permitted but the relevant states’ powers are curbed by the requirement to ensure that measures taken are proportionate to the hazard. The immediate impact of the Convention is likely to be limited but it nonetheless represents a step towards global uniformity in this currently inconsistent area of law and practice.
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