{"title":"沉船清除:尼日利亚船舶所有人和沉船接收人的第三方权利分析","authors":"Paschal Obiora","doi":"10.2139/ssrn.3796083","DOIUrl":null,"url":null,"abstract":"\"The occurrence of a wreck causes navigational and environmental hazards within the marine environment. The consequences of neglecting to remove wrecks from waterways have for many years been a subject of discussion from a legal perspective. Imperatively, the existence and enforceability of third-party rights to the safe use of the marine environment without any hindrance spawned by wrecks is a question that begs for a definite legal answer. Some laws have been put in place in Nigeria to reduce the dangers posed to navigational safety which may be occasioned by wrecks on Nigeria’s territorial waters. This article will in some depth analyze the local and international legal regimes on the removal of wrecks applicable in Nigeria as they relate to; who bears the responsibility to remove wrecks; the rights of third parties affected by the delayed or non-removal of wrecks and the enforceability or otherwise of such rights in Nigeria.\"","PeriodicalId":388441,"journal":{"name":"Political Economy - Development: Environment eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Wreck Removal: An Analysis of Third-Party Rights Against Ship Owners and the Receiver of Wreck in Nigeria\",\"authors\":\"Paschal Obiora\",\"doi\":\"10.2139/ssrn.3796083\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\\"The occurrence of a wreck causes navigational and environmental hazards within the marine environment. The consequences of neglecting to remove wrecks from waterways have for many years been a subject of discussion from a legal perspective. Imperatively, the existence and enforceability of third-party rights to the safe use of the marine environment without any hindrance spawned by wrecks is a question that begs for a definite legal answer. Some laws have been put in place in Nigeria to reduce the dangers posed to navigational safety which may be occasioned by wrecks on Nigeria’s territorial waters. This article will in some depth analyze the local and international legal regimes on the removal of wrecks applicable in Nigeria as they relate to; who bears the responsibility to remove wrecks; the rights of third parties affected by the delayed or non-removal of wrecks and the enforceability or otherwise of such rights in Nigeria.\\\"\",\"PeriodicalId\":388441,\"journal\":{\"name\":\"Political Economy - Development: Environment eJournal\",\"volume\":\"20 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-03-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Political Economy - Development: Environment eJournal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.3796083\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Political Economy - Development: Environment eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.3796083","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Wreck Removal: An Analysis of Third-Party Rights Against Ship Owners and the Receiver of Wreck in Nigeria
"The occurrence of a wreck causes navigational and environmental hazards within the marine environment. The consequences of neglecting to remove wrecks from waterways have for many years been a subject of discussion from a legal perspective. Imperatively, the existence and enforceability of third-party rights to the safe use of the marine environment without any hindrance spawned by wrecks is a question that begs for a definite legal answer. Some laws have been put in place in Nigeria to reduce the dangers posed to navigational safety which may be occasioned by wrecks on Nigeria’s territorial waters. This article will in some depth analyze the local and international legal regimes on the removal of wrecks applicable in Nigeria as they relate to; who bears the responsibility to remove wrecks; the rights of third parties affected by the delayed or non-removal of wrecks and the enforceability or otherwise of such rights in Nigeria."