ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA
In terms of domestic laws, the Merchant Navy Law, Law No 5/98 of 19 June 1998 (the “Environ - mental Law”) and its ancillary regulations, and related statutes must also be taken into account. Wreck Removals Wreck removals are governed and dealt with in light of domestic law, namely the Merchant Navy Law, the Environmental Law and ancillary stat - utes and regulations, as Angola is not a signa - tory of the Nairobi International Convention on the Removal of Wrecks of 2007. 2.2 International Conventions: Collision and Salvage The following international conventions and domestic laws are enforceable in Angola. Collision • The 1910 Convention for the Unification of Certain Rules of Law with respect to Colli - sions between Vessels. • The 1952 International Convention for the Unification of Certain Rules concerning Civil Jurisdiction in Matters of Collision. • The 1952 International Convention for the Unification of Certain Rules relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation. • The 1972 International Regulations for Preventing Collisions at Sea, as amended in 1981. Collision events are also governed by domestic law, notably Article 73 et seq of the Merchant Navy Law and Article 664 et seq of the Com - mercial Code. Salvage Salvage is governed by the International Con - vention on Maritime Search and Rescue and, on a domestic level, by the provisions of the
Merchant Navy Law (Article 81 et seq), the Sea Search and Rescue System Regulation (Presi - dential Decree No 89/16 of 21 April of 2016) and the Commercial Code (Article 676 et seq). 2.3 1976 Convention on Limitation of Liability for Maritime Claims The 1976 Convention on Limitation of Liability for Maritime Claims has not been ratified by Angola. However, Angola is a signatory of the 1924 Inter - national Convention for the Unification of Certain Rules relating to the Limitation of the Liability of Owners of Sea-Going Vessels and the 1957 International Convention relating to the Limi - tation of the Liability of Owners of Sea-Going Ships (the “1957 Convention”). Under domestic law, the provisions of the Mer - chant Navy Law and the Commercial Code are worth noting in this regard. For instance, where collision was caused due to fault or wilful mis - conduct of the crew, damages will be calculat - ed and shared between the owners pro rata to the severity of each crew’s fault. Furthermore, if it is not possible to determine which vessel caused the accident, all intervening vessels shall be jointly liable for damages and losses arising therefrom. 2.4 Procedure and Requirements for Establishing a Limitation Fund Pursuant to the 1957 Convention, the ship-own - er or another entitled person can limit its liability by establishing a limitation fund. The limitation fund can be established in any way admitted in the law and is dependent on the filing of an application before the competent court. The application must identify: • the occurrence and damages; • the amount of the limitation fund;
20
CHAMBERS.COM
Powered by FlippingBook