Einde inhoudsopgave
Nairobi International Convention on the removal of wrecks, 2007
Article 10 Liability of the owner
Geldend
Geldend vanaf 14-04-2015
- Bronpublicatie:
18-05-2007, Trb. 2008, 115 (uitgifte: 27-05-2008, kamerstukken/regelingnummer: -)
- Inwerkingtreding
14-04-2015
- Bronpublicatie inwerkingtreding:
10-05-2016, Trb. 2016, 59 (uitgifte: 10-05-2016, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Bijzondere onderwerpen
1.
Subject to article 11, the registered owner shall be liable for the costs of locating, marking and removing the wreck under articles 7, 8 and 9, respectively, unless the registered owner proves that the maritime casualty that caused the wreck:
- a)
resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable and irresistible character;
- b)
was wholly caused by an act or omission done with intent to cause damage by a third party; or
- c)
was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
2.
Nothing in this Convention shall affect the right of the registered owner to limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
3.
No claim for the costs referred to in paragraph 1 may be made against the registered owner otherwise than in accordance with the provisions of this Convention. This is without prejudice to the rights and obligations of a State Party that has made a notification under article 3, paragraph 2, in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing in accordance with this Convention.
4.
Nothing in this article shall prejudice any right of recourse against third parties.