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The maritime law in Oman



The Maritime law of the Sultanate of Oman is contained in the Royal Decreed 35/81, which has 392 clauses altogether. The Port and Maritime Affairs sector works under the Ministry of Transport and Communication. Currently, Dr. Ahmad Mohammed Salem Al-Futaisi, is the minister for the Ministry of Transport and Communication. The maritime law of Oman has covered the variety of topics on the subject of maritime. It deals with the registration and ownership of the vessel. Furthermore, it mentions the provisions relating to the licensing requirements of the vessel. Besides, the law mentions about the relation between owner,  master and vessels' crew. Going further, it focuses on the relation between master and crew of the vessel, as well as the obligations and the responsibilities of master and crew for each other. On the other hand, the maritime law deals with maritime mortgages, liens and attachments of vessel.

Besides the maritime law, the regime relating to the navigation in the territorial water is contained in the Law of the Organization of Maritime Navigation in Territorial Waters, the Royal Decree 98/81. Furthermore, to some extent the Commercial Law of Oman, the Royal Decree 55/90 also covers the provision of maritime related matters in certain areas. For example, the commercial law mentions the legal matter on the subject of contracts of carriage by sea with relation to goods as well as people. Moreover, it also focuses on the law related to the port of shipment sales, cost insurance and freight sales (CIF) and free of board sales (FOB).  Parallel to that the commercial law includes the chartering of equipped and unequipped vessels; the contracts of affreightment; carriage of persons; pilotage and towage, marine accidents, collisions aid and rescue. The commercial law also emphasis on the issue of marine related insurance matters. For example, it mentioned insurance policies, depositing goods, and liabilities requiring insurance and settlement of damages.

Among other nations, Oman is signatory of more than 30 maritime related international accords, those belong to the International Maritime Organization (IMO), International Hydrographic Organization and the United Nation (UN); for example, SOLAS, STCW, MAR-POL and ISPS code.  


Resources:
1. The Maritime Law, Royal Decree 35/81
2. Oman Commercial Law, Royal Decree 55/90
3. The Law Governing Maritime Navigation In Territorial Waters, Royal Decree 98/81
4. Port Services Corporation, Port Sultan Qaboos <http://www.pscoman.com/Portals/0/brochure/ENGLISH.SWF> accessed 7 January 2015
5. Shipid.com, New maritime law in final stages, 30 Sep, 2011 <http://www.shipid.com/news/101823/New_maritime_law_in_final.html>  accessed 7 January 2015 
6.Eugene Cotran & Chibli Mallat (ed), Yearbook of Islamic and Middle Eastern Law (1st Vol, Kluwer Law International 1994)

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