ISRAEL Law and Practice Contributed by: Joseph Sprinzak and Rahel Rimon, J.SPRINZAK
sewage dumped by vessels at sea. The regula - tions give effect to the International Convention for the Prevention of Pollution from Ships (MAR - POL) 1973, Annex IV. The new regulations pro - vide for the removal of waste stored in vessels while in port, and sanctions for infringement. It remains to be seen how efficiently these regula - tions will be enforced. It should be noted in this regard that legal advisers to the Economics Min - istry consider that Israeli law applies to Israel’s exclusive economic zone, relevant in terms of enforcement of these regulations as well as oth - ers. With regard to wrecks, the Ports Ordinance – 1971 provides that the Israel Ports Company may demand that owners remove a vessel that has been lost or abandoned in Israeli waters where that vessel poses a danger to navigation or docking. Further, the Wrecks and Salvage Fees Ordinance – 1926 provides that where any services are ren - dered wholly or in part within the waters of Israel in saving life from any vessel; assisting any ves - sel that is wrecked, stranded or in distress; or saving the cargo or apparel of that vessel, or any part thereof, there shall be payable to the salvor, by the owner of the vessel, cargo, apparel or wreck, a reasonable amount of salvage, to be determined in the case of dispute. The Ordinance provides for determination of salvage disputes by arbitration. Section 20(3) of the Ordinance provides that the decision of the arbitrators shall, for the purposes of execution, have the effect of a judgment of the Magistrate’s Court. Finally, the order of priority of the maritime lien for salvage, including life salvage, is determined by Section 41 of the Shipping (Vessels) Law
– 1960, although it has been argued that the Court has discretion to deviate from the order prescribed in the section on grounds of equity. 2.2 International Conventions: Collision and Salvage With regard to matters of salvage, see 2.1 Inter- national Conventions: Pollution and Wreck Removal . In terms of collision, Israel has ratified the Inter - national Regulations for Preventing Collisions as Sea, 1972 (COLREG 72) and incorporated them into Israeli law via the Ports (Preventing Colli - sions at Sea) Regulations 1972. Israel is not a party to the Salvage Convention 1989. Section 41(7) of the Shipping (Vessels) Law – 1960 creates a statutory lien for damages result - ing from collisions or damage caused by the vessel to port installations, buildings and dry docks, as well as loss or damage to cargo and to passengers’ personal effects. 2.3 1976 Convention on Limitation of Liability for Maritime Claims The Israeli Shipping Law (Limitation on a Ship- Owner’s Liability) – 1965 adopts the International Convention relating to the liability of Owners of Sea-Going Ships (Brussels, 10 October 1957). As Israel has not ratified the LLMC 1976, no limi - tation is available for those claims introduced by the LLMC 1976 and not found in the 1957 Convention. Accordingly, the types of claims subject to limi - tation of liability are those set out in Articles 1(a), 1(b) and 1(c) of the 1957 Convention. The claims
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