I RELITTI TRA DIRITTO UNIFORME E CODICE DELLA NAVIGAZIONE ITALIANO DI FRONTE ALLA PROSPETTIVA DI RATIFICA DELLA CONVENZIONE DI NAIROBI DEL 18 MAGGIO 2007 (WRC 2007)

The article offers an analysis of the 2007 Nairobi Convention on the Removal of Wrecks (WRC 2007), exploring its legal and environmental implications, and reflecting on the merits of Italy’s ratification. The author suggests that wrecks be regarded from a dual per-spective, recognizing them as assets to be protected, with historical and cultural values, and as potential risks to navigation and the marine environment. The WRC 2007 was adopted to establish a uniform framework for the removal of wrecks, addressing international concerns regarding the reduction in marine casualties. In many ways, it aligns with the model of the CLC convention on oil spill liability, with the allocation of liability to the owner of the ship, as a solvent party on whom to place the costs of removal, rather than conforming to the «pol-luter pays» principle, also provides for mandatory insurance coverage for ships over three hun-dred tons, which is also required for transit in the exclusive economic zone. WRC 2007 im-poses duties on both the coastal state, for reporting and removal of wrecks, and the flag state, for timely information on accidents. Italy’s ratification of the WRC 2007 is seen as consistent with its Euro-Union commitments and as a step that could facilitate Italian insurers’ access to the specific insurance market. However, the author suggests that, in the event of ratification, it would be advisable to align the domestic law regulations with the provisions of the WRC 2007, particularly regarding the identification of the party responsible for the removal (who must be identified in the owner of the ship at the time of the accident). This alignment could also contribute to harmonization with LLMC 1996, whose ratification is equally desirable.