The Concept of Shipwreck Among International Law

The Concept of Shipwreck Among International Law

the concept of shipwreck among National and international law this article aims to investigate the juridical concept of shipwreck Italian law doesn't provide a legal definition of shipwreck although the explanatory memorandum on Maritime code state that the wreckage of a vessel implies an intervention substantial modification of the physical consistent of the rest on the contrary English law classifies right in jatsam Flotsam Legend and derelict giving relevance to the abandonment of the vessel signs pay a recapandy the significant and combination of objective criteria physical standing thinking submersion or destruction of the ship and subjective criteria abandonment of the ship without the intention to return and resume The Possession will be examined in order to determine what the Shipwreck is from a legal point of view in particular the analysis will focus on the concept of non-pokenzi and parishion of the ship derived from the latent notion and on the notion of abandonment furthermore the article will consider the Divination of shipwreck given by International Convention on Mary dumlo such as the International Convention on Salvage 1989 the Nairobi International Convention on the removal of wreck 2007 and the UNESCO convention on the protection of underwater cultural heritage 2001 comparing the broader classification of shipwreck included in those treaties with the national definition in light of the aforementioned analysis the conclusion will consider if it is possible to individuate the lowest common denominator and some basic element of a truly International and possibly Universal definition of shipwreck ships have their own life cycle they are designed and built by men they are given a name a nationality a classification and a function according to their characteristic and purposes eventually all the vessels are designed to perish and to be demolished at the end of their commercial life however in some cases it might happen that the life of the vessel and accidentally went due to external and unpredictable circumstances periods of the sea they are reduced to a state of wreck according to the Divination given by opium navis at the name since the origin of the concept of ship has been strictly connected to its attitude to navigate as a consequence of its building structure and Commercial propose prima facie with a vague and perhaps tautological divination a shipwreck could be qualified as a structure which has lost its functional attitude and therefore it is not usable anymore for water transport at this point a terminological clarification must be done in English language the word shipwreck indicate both the remain of a record ship and the destruction of a ship at Sea by sinking or breaking up in order to avoid any confusion in this paper the term shipwreck will be always used in the first meaning furthermore the word shipwreck will be used trick to zensu as a referred to the whole of the vessel be it the compact remain of the ship or the detached part formerly connected in fact Rex in a more General sin can also be the appear tendon of the vessel are women of military ship or the abandoned load of the ship whose Destiny might or might not be linked to the wreckage of the heel of the vessel the Italian perspective an objective divination of shipwreck Italian Maritime code Define ship as a structure directed toward the transport and reverse several time to the concept of relative or shipwreck without providing any definition of it although the Italian word relito derived from the latent concept of really cute navis which literally described the notion of a ship abandoned by its crew and passenger the connection with the Egg of Abandonment has been progressively lost in fact according to the explanatory memorandum on Maritime code the wreckage of the vessel implies an intervention substantial modification of the physical consistent of the good thus the ship is lost when it loses the essential element which identify it as a vessel in other words when its physical consistent is altered in such way that it cannot be this time anymore to transport people or Goods by sea such divination has been confirmed by Italian Supreme Court According to which the condition of shipwreck implies the loss of all typical characteristic of a vessel reduced to a complex of materials the concept of shipwreck is a physical one as it indicates the transformation of the ship as an object in fact a wreckage occurs when a ship cheeses to be a bullion in other words where it become unable or unfit to navigate or isolating used to say in um Stadium the wreckage implies the interest rate the physical perishment of the ship according to same Elders The Vessel becomes known bullion when its condition make navigation impossible or when it has got such severe structural damages that made impracticable due to excessive deterioration or economically inconvenient to repair it as it will require you almost as much time and expands as to build a new one however it may be not evident which is at the exact moment when the physical degradation transform a vessel in a shipwreck in fact the direct deal is usually caused by a series of connected even which progressively degrade the structure of the ship until the loss occurs when the heal get destroyed therefore it may be argued as the Integrity of the hill is the Paramount element to distinguish a vessel from a shipwreck the physical dissolution of a ship may be caused by several reasons usually by a sinking or breaking up due to external causes collisions storm Act of God Act of War sabotage or internal ones fire explosion floating structural failure in most cases the destructive even applies as a consequence the sinking or breaking up of the ship although such even are not always able to provoke the wreckage per sector in order to have a direct deal the alteration of the functional and structural element must be effective permanent and irreversible on the contrary there is still a ship and not a wreck when such ship is temporarily ungivable but it's polyancy and can be promptly restored with proper repairing for example it is not the case of wreckage when it's trending or temporary submersion or even a sinking a cures and the ship fills with water but it is not totally damaged and doesn't lose its physical characteristic similarly an accident occurred in low backdrop where the ship can be easily recovered maybe less acceptable of causing a derelictio sometime the sinking is not the consequence but the cause of the wreckage this happened when the structure of the ship not yet permanently altered at the moment of the sinking gets modified irreversibly due to the prolonged underwater permanence the cause of the wreckage and the place where the Shipwreck is located see ocean floor or Shore doesn't have any relevance in order to qualify the rest as a wreck as a consequence it is possible to assert that a shipwreck isn't anymore a vessel structure sensor but something different both physically and legally as the classification of a structure as a vessel cheeses when the ship has become a wreck the connection between the objective and subjective element in the French legal system in defining the concept of shipwreck at the legal system unlike Italian law requiring not only an objective element physical transformation but also a subjective one in order to have a shipwreck the combination of two elements is required firstly the structure must be non-podium in other words it must have lost its seaworthiness secondly it must have been abandoned by the crew and left without surveillance or maneuvering thank you

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