BAHAMAS Law and Practice Contributed by: Richard Horton and Emma Van Wynen, Alexiou, Knowles & Co.
3. Marine Casualties and Owners’ Liability 3.1 International Conventions: Pollution and Wreck Removal The Bahamas is a signatory to a number of interna - tional conventions concerning pollution and wreck removal; these conventions are given force in Bahami - an law through implementing statutes and regulations. Pollution The following conventions (and others) were given effect in The Bahamas by the Merchant Shipping (Oil Pollution) Act 1976 (as amended) and the subsidiary legislation made thereunder: • the International Convention for the Prevention of Pollution from Ships (MARPOL), 1973, as modified by the Protocols of 1978 and 1997 (Annexes I, II, III, IV, V and VI); • the International Convention on Civil Liability for Oil Pollution Damage 1969 (CLC), and the Protocols of 1976 and 1992; • the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 (FUND), and the Protocols of 1976 and 1992; • the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (the “Bunker Convention”); and • the International Convention relating to Intervention on the High Seas in cases of Oil Pollution Casual - ties (INTERVENTION), 1969 and the Protocol of 1973. Wreck Removal The Nairobi International Convention on the Removal of Wrecks, 2007 was given effect in The Bahamas by the Merchant Shipping (Wreck Removal Convention) Regulations, 2015. The Merchant Shipping Act 1976 also applies to the removal of wrecks. 3.2 International Conventions: Collision and Salvage The Bahamas is a signatory to several international conventions that impact on the liability of owners and interested parties in events of collision and salvage.
Collision The Bahamas is a party to the Convention on the International Regulations for Preventing Collisions at Sea (COLREGs), 1972, which is implemented in Baha - mian law by the Merchant Shipping Act 1976 and its subsidiary legislation. Salvage The Bahamas is not a party to the International Con - vention on Salvage, 1989. Domestically, salvage provi - sions are included in the Merchant Shipping Act 1976 and its regulations, and the practice follows general international salvage principles. 3.3 Convention on Limitation of Liability for Maritime Claims The 1996 Protocol amending the 1976 Convention on Limitation of Liability for Maritime Claims is not appli - cable in The Bahamas, nor has the 2012 amendment been accepted. The 1976 Convention on Limitation of Liability for Mar - itime Claims was brought into force in The Bahamas by virtue of the Merchant Shipping (Maritime Claims Limitation of Liability) Act, 1989, as amended, and its subsidiary legislation. 3.4 Vienna Convention on the Law of Treaties The Bahamas is not a signatory to the Vienna Conven - tion on the Law of Treaties. However, because certain general principles contained in the Vienna Convention are reflective of customary international law, they will likely influence how such other treaties as the Conven - tion on Limitation of Liability for Maritime Claims (so far as it is adopted into domestic law by the Merchant Shipping (Maritime Claims Limitation of Liability) Act, 1989, as amended, and its subsidiary legislation) are interpreted. 3.5 Procedure and Requirements for Establishing a Limitation Fund A limitation fund may be constituted by: • ship-owners (which means the owner, charterer, manager or operator of a seagoing ship); • salvors; and • their insurers.
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