The wreck removal convention : a legal analysis on its past, present and future implications, with special focus on articles 1 to 9

Abstract

This thesis is motivated by coming into force of the Nairobi Wreck Removal Convention quite recently. Since in Malta we lack both material and profound studies on the matter, this thesis intends to fill this gap by analysing in detail the definitions and implications that this Convention will bring to state parties, with a special focus on Malta. Moreover, this thesis, for the first time, delves into areas which has not yet been specifically evaluated; not even in foreign studies. Such areas concern the different scenarios that a lawyer might be posed with, now that the Convention is in force. Indeed, this thesis highlights the situation and position of a state being a party to the Convention and happening to become an Affected State yet would still not be able to enforce the Convention’s provisions. Additional to this area, this thesis continues to examine the position of states, especially those in the Mediterranean, who like Malta have not declared an EEZ, and thus whose position seemed to be unclear as to whether they have the jurisdiction to proceed under the Convention up to an area equivalent to 200nm, when such area might already be another state’s territorial sea. It will then conclude with any lacunae noticed that might pose difficulties in the future and my recommendations on how these gaps could be filled or remedied.