A Study On Legal Issues Of Cargo Owner’ Liability For Wreck Removal Cost

Wreck removal is a maritime regime with long historical standing. After the occurrence of averages like capsizing, sinking or grounding, wrecks and other grounded or floating objects are probably as dangerous as the offshore submerged reefs, for the reason that they will not only block up the waterway and hinder the navigation safety seriously, but also result in serious damage or potential threatening to the marine environment. Wreck removal would give rise to the issues on who should take on the burden of relevant legal liability. Nowadays, in domestic and foreign legislation and practice, shipowners and ship operators are usually recognized as the only person liable for wreck removal and the huge cost. When average like capsizing or sinking happens, the huge cost of wreck removal would be hardly covered if shipowners and ship operators commit avoidance of responsibility or have been in financial troubles. The payment of wreck removal cost has always been a maritime administrative problem. Nairobi International Convention on the Removal of Wrecks has been passed in 2007 and came into force since April 14,2015. The establishment of compulsory insurance and direct litigation regime will provide sound protection for the payoff of wreck removal cost, and meanwhile shipowners and ship operators are recognized as the only person liable for wreck removal in the convention and compulsory insurance increases much more burden on shipowners and ship operators. In the author’s opinion, it is doubtfully legalized or reasonable to leave all the burdens of wreck removal to shipowners or ship operators.Under the present domestic legislation mode, the simplification of the person liable for wreck removal is the main reason which enhances the difficulty of the payoff of the wreck removal cost. In recent decades of years, with the development of economics and technique, vessels are becoming larger and containerized, and the form of goods is no longer unitary but more diverse. In case of marine accidents, it is highly possible for the goods to impede the waterway and threaten the navigation safety. The author holds that in certain situations, to make cargo owner liable for wreck removal can relieve the aggravated burden of shipowners and ship operators, balance the interests among cargo owners, shipowners and ship operators, and secure the payoff of the wreck removal cost in some degrees.