UAE Law and Practice Contributed by: Abdelhak Attalah and Ghassan Hidar, Attalah Legal Consultancy
Domestically, the ML governs the obligations of ship- owners and operators in relation to pollution and wreck removal. Specifically, Articles 221–234 address the responsibilities of ship-owners for the removal of maritime debris and related consequences. Article 233 (3) of the ML ensures that the ship-owner or operator bears full responsibility for the costs and liabilities associated with pollution and wreck removal operations. 3.2 International Conventions: Collision and Salvage The liability of owners and interested parties in events of collision and salvage is governed by both interna - tional conventions and domestic laws. International Conventions International Regulations for Preventing Collisions at Sea (COLREGs) establish the rules for preventing col - lisions between ships. They provide guidelines for safe navigation, ensuring that vessels take the necessary actions to avoid accidents while at sea. The International Convention on Salvage (1989) sets out the legal framework for the salvage of ships and their cargo. It addresses the rights and obligations of the parties involved in a salvage operation, including the entitlement to salvage rewards and the liabilities related to the salvage process. Domestic Legislation Under the ML, the UAE has established specific provi - sions concerning collisions and salvage. Articles 235– 241 of the ML address the assistance and salvage of sea vessels in peril, and Articles 242–253 outline the duties and responsibilities of ship-owners, operators and other relevant parties in ensuring the safety of navigation and the proper conduct of salvage opera - tions. These provisions aim to promote accountability and responsible maritime practices, setting out the legal framework for managing collision incidents and salvage activities within the UAE. 3.3 Convention on Limitation of Liability for Maritime Claims The 1976 Convention on Limitation of Liability for Maritime Claims (LLMC) is applicable in the UAE. This
international convention, which sets out the frame - work for limiting liability for certain maritime claims, has been incorporated into the ML. Furthermore, the UAE’s recent ratification of the 1996 Protocol to the 1976 LLMC, which entered into force on 23 May 2021, has additional important implications for maritime liability in the UAE. The 1996 Protocol increases the limits of liability for maritime claims, reflecting the growing costs of maritime incidents, and ensures enhanced financial protection for ship- owners, charterers, managers, operators and salvors. • Increased limitation of liability: The 1996 Proto - col raises the limits of liability, aligning them with modern economic realities. This increase in liabil - ity limits has a significant impact on the scope of compensation available for incidents such as marine pollution, cargo loss and personal injury. • Applicability of liability limits: With the ratification of the 1996 Protocol, the liability limits now extend not only to ship-owners but also to charterers, managers, operators and salvors, allowing these parties to limit their liability in the event of maritime claims. • Impact on claims against ship-owners: Ship-own - ers, including operators, charterers and managers, can now limit their liability for various maritime casualties, such as personal injury, cargo damage and pollution. This limitation applies unless the claim arises from gross negligence or intentional misconduct, providing a financial ceiling for these parties. • Impact on salvors: The 1996 Protocol also ben - efits salvors by allowing them to limit their liability in claims arising from salvage operations, while ensuring fair compensation for their efforts. • Harmonisation with international standards: The ratification of the 1996 Protocol brings the UAE’s maritime liability framework in line with interna- tional standards set by the International Maritime Organization (IMO), ensuring smoother interactions in cases involving foreign parties or international incidents. In summary, the ratification of the 1996 Protocol strengthens the legal framework for maritime liabil - ity in the UAE, offering enhanced financial protection
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