LATVIA Law and Practice Contributed by: Edward Kuznetsov, Marine Legal Bureau
ated costs, are governed by international conventions as implemented in Latvian law and supplemented by domestic provisions empowering competent authori - ties to order wreck removal where a wreck poses a hazard to navigation, safety or the environment. 3.2 International Conventions: Collision and Salvage Collision and salvage matters in Latvia are governed by applicable international conventions as incorpo - rated into domestic law, primarily through the Mari - time Code and supplemented by general civil law principles. Collision liability is assessed on the basis of fault and causation, with apportionment of liability where more than one vessel is at fault. Salvage claims are deter - mined in accordance with internationally recognised principles reflected in Latvian law, taking into account factors such as the value of the salved property, the degree of danger, the skill and efforts of the salvors and the success of the operation. Entitlement to sal - vage remuneration and its assessment are subject to statutory and contractual provisions. 3.3 Convention on Limitation of Liability for Maritime Claims Latvia applies the Convention on Limitation of Lia - bility for Maritime Claims 1976 (LLMC), as amended by the 1996 Protocol, which has been ratified and implemented into domestic law. The limitation regime is reflected in the Maritime Code, which sets out the right to limit liability, the categories of claims subject to limitation and the procedural framework for invok - ing limitation. Limitation amounts are determined in accordance with the international limits as incorporated into Latvian law. The right to limit liability is available to ship-own - ers and other entitled parties, subject to the condi - tions and exceptions set out in the Convention and domestic legislation. 3.4 Vienna Convention on the Law of Treaties Latvia is a party to the Vienna Convention on the Law of Treaties, which forms part of the legal frame - work applicable to the interpretation of international treaties. Latvian courts may apply the interpretative
principles of the Vienna Convention when construing international conventions incorporated into domestic law, including maritime conventions. Accordingly, international maritime instruments are interpreted in good faith in accordance with the ordi - nary meaning of their terms, in their context and in light of their object and purpose, consistent with the approach reflected in the Vienna Convention. 3.5 Procedure and Requirements for Establishing a Limitation Fund Under Latvian law, the procedure for establishing a limitation fund is governed by the Maritime Code, which implements the LLMC, as amended by the 1996 Protocol. A limitation fund may be constituted by a ship-owner or any other person entitled to limit liability under the Convention, including charterers, managers, opera - tors and insurers acting on behalf of the liable party. The fund is established by filing an application with the competent civil court, typically in connection with pending proceedings or where claims are expected to be brought in Latvia. The amount of the limitation fund is calculated strictly in accordance with the applicable LLMC limits, based on the vessel’s gross tonnage and the nature of the claims. Latvian courts do not have discretion to vary the limitation amount beyond the Convention limits. In practice, the fund is constituted by payment of a monetary deposit into the court’s account or, where permitted, by providing equivalent financial security acceptable to the court. Once the fund is duly con - stituted, claimants are required to pursue their claims against the fund, and separate enforcement actions against the ship or other assets in respect of limitable claims are generally barred. 3.6 Seafarers’ Safety and Owners’ Liability Latvia is a party to the Maritime Labour Convention, 2006 (MLC), which is fully applicable in the jurisdic - tion and implemented through domestic legislation and regulatory instruments.
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