A Study Of The Scope Of Application Of The Nairobi International Convention On The Wreck Removal

The wreck removal been a major problem that plagued the coastal states,especially in the recovery of costs,there are various differences about the determination of the responsibility of the subject and other issues around the world,there is no unified international convention to regulate for a long time.In 1996,at the 73rd meeting of the IMO,the draft Convention on the Wreck Removal was proposed for the first time,following the resolution of the Diplomatic Conference held in Nairobi in May 2007 and adopted the Convention,on 14 April 2015,after Denmark became the tenth state party,the 2007 Nairobi International Convention on the Wreck Removal took effect.China's Ministry of Transport also issued on 30 December 2016 that the Convention will be applicable on 11 February 2017 in China,the world's wreck removal situation will be rewritten.However,the scope of application of the Convention is the exclusive economic zone of a country.For the territorial sea,it is the principle of "principle and selective application".In view of the fact that China's domestic law on wreck removal is currently in a state of chaos,the number of laws is large,Unclear,difficult in the application of legal,the law lays behind and so on,after the announcement about the of the Convention,the application of the Convention,the exclusive economic zone problems can be solved,but China's territorial waters still remains a lot of problems to be solved.Through the development of the Convention,the author explores the development of the Convention during the IMO Legal Committee,listing the different views of the different positions of the Parties in the development process of the Convention,exploring the impact of the application of the exclusive economic zone to our country,analyzing the rules of the Convention in the "principle and selective application",comparing to the provisions about expansion to the territorial waters or not,and discussed the impact of two main types of regulations,the most important of which is the negative impact on the sovereignty,and later boldly assume that if our country will be extended after the application of the Convention,what influence it will come to Chinese Maritime Authorities,shipping companies,insurance companies and salvage companies,advantages or disadvantages.How can we make changes in the context of our legislation,and what measures we should take if we do not expand the application,through analyzing the question,author thinks Convention should be applied to the territorial waters and get this conclusion finally.