Flaws In the Maritime Carrier’s Liability Rules for Passengers Under the Qatari Law: A Need for Reform – A Comparative Study
Dr. Eman Naboush
Assistant Professor of Commercial Law
College of Law, Qatar University
Abstract:
Maritime Law No. 15 of 1980 (QML) regulates the international and national maritime carriage of passengers in Qatar. It is considered the principal source of law in this regard. That is because Qatar did not ratify the international treaties that regulate the maritime carriage of passengers and the Qatari Trade Law No. 27 of 2006 (QTL) expressly excluded maritime carriage from its application. However, there are flaws in the QML in addition to contradiction in some provisions, expressly the rules of liability limitation of the carrier. In addition, there are oversights in the QML regarding some important rules causing uncertainty in the maritime industry. This article provides an analytical comparative approach to analyse these flaws and oversights in the QML and makes some recommendations to rectify them. The following amendments are recommended. First, the QML should revisit the rules that govern the liability of the shipowner and the carrier in order to eliminate the contradiction between them. It is also recommended that the QML adopts a regime of limited liability in the carriage of passengers by sea and implement the advanced payment in cases of passenger injury or death. Further, new provisions regarding the performing carrier and the compulsory insurance scheme should be introduced by the new QML. Establishing an obligation on the carrier to provide the passenger with proper and understandable information on the liability rules in the carriage contract has become essential in such contracts. Finally, the author also recommends that Qatar ratifies the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL2002) and the Convention on Limitation of Liability for Maritime Claims (LLMC), which will have a practical positive impact on the international maritime carriage in Qatar.
Keywords: Maritime Carrier; Limitation of Liability; Shipowner; Carriage of Passenger; Qatari Law