Maritime Agreements (legislation) for North Sea Wrecks

A war wreck can have more than one meaning. It can be cultural heritage, a war grave, a danger to navigation, a hazard to the environment and a shelter for young fish all at the same time. All these meanings play a role when one has to decide wether a wreck should be removed or protected.

The rights and duties of the country that owned the ship before it sank and of the country in whose waters the wreck resides, are determined by international and national agreements.

The United Nations Convention on the Law of the Sea creates a number of maritime zones, such as internal waters, territorial seas and Exclusive Economic Zones (EEZ). The rights and duties in relation to a wreck vary between these maritime zones.

The Convention on the Law of the Sea stipulates that countries have the duty to protect objects of an archaeological and historical nature found at sea and shall cooperate with one another for this purpose. Further details on the rights and duties with regard to wrecks can be found in a number of other international agreements.

The Nairobi International Convention on the Removal of Wrecks applies to wrecks in the EEZ of countries that have signed this agreement. It sets the criteria that should be taken into account when determining whether a wreck poses a hazard.

When a wreck poses a hazard, the coastal state may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment. It is however important to note that the Nairobi Convention is not applicable to the wrecks of war ships, unless the country that owned the ship decides otherwise.

The UNESCO Convention on the Protection of Underwater Cultural Heritage aims to protect “all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least 100 years”.

The UNESCO Convention forbids the commercial exploitation of underwater cultural heritage. The Convention declares in situ preservation to be the first option and requires proper respect for human remains. The UNESCO Convention does not modify any country’s rights with respect to its vessels.

The Convention for the Protection of the Marine Environment of the North-East Atlantic (or OSPAR Committee) issued a recommendation on reporting encounters with conventional and chemical munitions in 2010. The North Sea Wrecks project partners currently work together with OSPAR members on the review of this recommendaton. 

The amended OSPAR recommendation would extend its scope to include the identification of wrecks (possibly) containing munitions, and promote discussion on risk assessment.

In addition to internatonal agreements, countries have adopted their own national legislation on wrecks, for example, on the protection of war graves and cultural heritage. These national laws differ between countries.

We at the North Sea Wrecks project offer insights into the laws regarding wrecks and encourage countries to share their best practices with regard to risk management of wrecks in the North Sea Region.