earticle

영어

This study investigates the legal liability structure under the Nairobi International Convention on the Removal of Wrecks (WRC), focusing on the discrepancy between the convention's formal assignment of responsibility to registered shipowners and the actual risk management carried out by carriers in practice. In modern maritime transport, vessel operation is often governed by complex charter arrangements, in which bareboat or time charterers may exert de facto control over navigation and safety management. However, the WRC limits liability to registered owners, excluding these operational entities. Through a critical analysis of the WRC's legal framework, this research identifies a gap between formal liability and operational responsibility. Comparative case studies, legal provisions in South Korea, Japan, and EU member states, and an assessment of domestic insurance and registration systems reveal structural shortcomings in aligning convention-based obligations with practical enforcement. The study concludes with specific policy recommendations: expanding the scope of liability to include carriers, revising domestic maritime legislation, integrating charterers into insurance regimes, and enhancing international legal harmonization. These reforms aim to enhance the effectiveness of WRC implementation and improve the protection of third-party victims.