Legal Issues Research On Wreck Removal Costs

Nairobi International Convention on the Removal of Wrecks, adopted in 2007, has come into force on April 14,2015. This is the first international convention that systematically regulates the wreck legal problems in the world. The effect of this convention pointed out the direction of the wreck removal work, also brought challenges to our country.Nairobi International Convention on the Removal of Wrecks has regulated locating wrecks, marking of wrecks and compulsory insurance or other financial security. The Convention also regulated that the registered shipowner shall remove the wreck determined to constitute a hazard and be liable for the costs of locating, marking and removing the wreck. In the thesis, on the basis of analyzing the important provisions of the Convention, using comparative analysis method, then comparing with related system in Chinese legal documents, discusses legal issues of wreck costs, in order to provide theoretical support in the practice of the realization of the wreck costs.This thesis is divided into four parts. The first part is to determine the range of wrecks, and then use the method of analyzing the specific issues, for different ways define the nature of the wreck costs, respectively. The second part analysis the costs of the wreck responsibility main body. As long as the undertaker of the wreck costs, solves to who claim for compensation in practice. The third part analysis whether the wreck costs can apply the limitation of liability. To this point, our country’s legislative idea does not agree with the Convention. However, whether it is a limited claim has a certain influence on the realization of the costs. The fourth part discusses the realization mechanism of the wreck costs. How to realize the wreck costs is the most concern question in practice, on the basis of reference to the Convention, to perfect our relevant mechanisms, in theory, put forward the method to solve the problem of the wreck costs.This thesis adopts the method of combining theory and practice and draws lessons from international legislation, putting forward countermeasures to solve the legal problems of wreck costs.