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Compensation funds as a mechanism for compensating the affected by pollution of the marine environment

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The marine pollution is considered one of the main risks that threaten the environment. This is because of the industrial, economic and investment progress and development which led to increase of sources of pollution of the marine environment. As a result thereof, many systems, laws and conventions have been established to contribute to limitation of this pollution and combating its damages. Accordingly, United Nations Convention on the Law of the Sea (UNCLOS) in 1982 has been established to identify the marine pollution in the fourth paragraph of item 1 the first article as follows: "means the introduction by man, directly or indirectly,...

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Contract of Carriage of Goods By Sea

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Commercial exploitation of marine environment manifests in numerous and varied forms; on top of which is the carriage of goods by sea as one of the most important forms of exploitation as not only the cornerstone of international trade movement but also its backbone, taking into account that this role played by the carriage by sea is only a consequence of acquiring an enormous volume of international trade which is not challenged by any other types of transport given the fact that ships have distinguished characteristics which are lacking in other types of transport, including their ability to transfer tremendous...

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Summary of Doctoral Dissertation By Dr. Mona Al Marzouqi (Oral Defense & Approval at Tulane University – USA)

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PhD Dissertation Title Contract of Carriage of Goods By Sea According to the Qatari Maritime Law: A Comparative Study of the Documentary Scope of the Contract & the Carrier's Obligations & Responsibilities The State of Qatar has witnessed a major development in the maritime sector, particularly the carriage of goods by sea following the establishment of Hamad Port. Therefore, it has been important to examine the law related to the carriage of goods by sea[1]. This summary will tackle four topics on the PhD dissertation prepared by the researcher in this regard, namely the research objectives and problem, the research method, the...

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Marine Pilotage

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Marine pilotage refers to navigating the vessels through the territorial waters and guiding them into the docking area on the pier or out of the ports. The marine pilotage is considered one of the oldest maritime professions. This profession presents several advantages, including maintaining the safety of the vessel and avoiding accidents between vessels, as well as the revenues in the State Treasury generated from the due fees for marine pilotage. However, it is not provided by the Qatari Maritime Law No. 15 of Year 1980, except in Article No. 186 stating as follows: “Pilotage is compulsory in the State's ports...

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Comments on the Draft Law Establishing the Investment & Commerce Court Part 1

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There has been an urgent need to enact a law that keeps pace with the electronic and digital evolution and directly contributes to the advancement of the state and realizing its vision on development and growth. Therefore, the Qatari legislators issued on 18/10/2021 AD Law No. (21) of Year 2021 regarding the establishment of a new court called the Investment and Commerce Court which is considered a genuine breakthrough in modern legislations related to litigation and prompt adjudication of cases as a matter of urgency and in an unconventional way before courts. Given that perspective, the legislators establish a separate headquarters...

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Compensation funds as a mechanism for compensating the affected by pollution of the marine environment

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- The marine pollution is considered one of the main risks that threaten the environment. This is because of the industrial, economic and investment progress and development which led to increase of sources of pollution of the marine environment. As a result thereof, many systems, laws and conventions have been established to contribute to limitation of this pollution and combating its damages. Accordingly, United Nations Convention on the Law of the Sea (UNCLOS) in 1982 has been established to identify the marine pollution in the fourth paragraph of item 1 the first article as follows: "means the introduction by man, directly or...

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Electronic bill of lading

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- Bill of lading is considered one of the most important and compulsory documents required in the international shipping and customs clearance. Thereon, we will tackle one of the most important kinds of the bill of lading which is represented in the electronic marine bill of lading. Whereas the electronic marine bill of lading has become one of the irreplaceable matters in the field of the electronic trade by the traders and commercial companies. Accordingly, it is deemed electronic method that is used in the dealings, and it may be used in objection or referring to it for proof purposes....

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Commentary on Law No. (22) of 2021 regulating health care services

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His Highness Sheikh Tamim bin Hamad Al Thani, Emir of the State of Qatar, issued Law No. (22) of 2021 regulating health care services, as it was published in the Official Gazette on October 18, 2021, which defines the controls, procedures, systems and standards necessary to provide health care services in government and private health facilities. And it is scheduled to start implementing the law after 6 months of its issuance. This law came within a set of other health laws that were issued before it, foremost of which is the rights affirmed by the permanent constitution of the State of...

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Does Qatar Need a New Maritime Law? Part (3)

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We concluded in the previous article that, after elapse of more than forty years the issuance of Qatari Maritime Law No. 15 for year 1980, a question was raised: Is the assembling of all legislative provisions regulating Qatari maritime navigation within a new Law better for the Qatari maritime community, or do these laws remain divergent? Through examining the maritime laws in the neighboring countries, we find that the Kingdom of Saudi Arabia issued a new commercial maritime system under Royal Decree No. (M/33) dated 05/04/1440 AH, as it consisted of a preamble, and three hundred and ninety one articles. It is...

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Does Qatar need a new Maritime Law? Part 2

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In the previous article; we concluded that more than 40 years after the issuance of the Qatari Maritime Law No. 15 of 1980, to the question of how necessary the State of Qatar needs a new maritime law to meet the developments and challenges of the maritime trade movement, in the light of the new and continuous changes and the development of maritime laws in the Arab region, the collective and bilateral agreements related to the seas, the growing Qatari maritime infrastructure, the dependence of global trade on maritime transport, the demarcation of maritime borders in the Arab region, the...