MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Kenny Laisse and Caio de Mello Ferreira, VdA
2.2 International Conventions: Collision and Salvage The following international conventions and domestic laws are enforceable in Mozambique. Collision • The 1910 International Convention for the Unification of Certain Rules of Law with respect to Collisions 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also governed by domes - tic law, notably Article 664 et seq of the 1888 Commercial Code (a statute which was mostly superseded by the 2005 and 2022 Commercial Codes, excluding its Book III, on maritime trade, which remains in full force and effect today). Salvage Salvage is governed by the 1910 Convention for the Unification of Certain Rules of Law respect - ing Assistance and Salvage at Sea and, on a domestic level, by the provisions of the Salvage and Assistance Regime, approved by Legislative Diploma No 96/72 of 12 October 1972, and the 1888 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 Mozambique. However, Mozambique is a signa - tory of the 1924 International Convention for the
Pollution • The 1973 International Convention for the Prevention of Pollution from Ships, and Annexes I/II, III, IV and V. • The 1982 United Nations Convention on the Law of the Sea. • The 1985 Convention for the Protection, Man - agement and Development of the Marine and Coastal Environment of the Eastern African Region. • The 1990 International Convention on Oil Pollution Preparedness, Response and Co- operation. • The 1992 Protocol to amend the International Convention on Civil Liability for Oil Pollution Damage of 1969. • The Protocol of 1992 to amend the Interna - tional Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. The following domestic laws should also be taken into account: • the Environmental Law, approved by Law No 20/97 of 5 December 1997 (as amended by Law No 16/2014); • the Regulation for Prevention of Pollution and Marine and Coastal Environment Protec - tion, approved by Decree No 45/2006 of 30 November 2006 (as amended by Decree No 97/2020); and • the Law of the Sea, approved by Law No 20/2019 of 8 November 2019. Wreck Removals Wreck removals are governed by domestic law, namely the Environmental Law and ancillary statutes and regulations, as Mozambique is not a signatory of the Nairobi International Conven - tion on the Removal of Wrecks of 2007.
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