Belize v. MS Westerhaven Schiffahrts et al. Pays/Territoire Belize Type de cour Nationale - cour supérieure Date Avr 26, 2010 Source UNEP, InforMEA Nom du tribunal Supreme Court of Belize Siège de la cour Belize City Juge Conteh, A. Numéro de référence No. 45/2009 Langue Anglais Sujet Mer, Environnement gén. Mot clé Protection de l'habitat Corail Responsabilité/indemnisation Résumé The claim in these proceedings is in respect of damages caused to a part of the Belize Barrier Reef late at night by the grounding of the ship Westerhaven on the Belize Barrier Reef. The principal issue in the event, related to the quantification of damages in this case as a result of the damage to the Belize Barrier Reef. The total loss, damage and expenses claimed for the claimant amounted to BZ $31,089,047.00. The defendants have claimed a limitation of their liability for thedamage pursuant to the Convention onLimitation of Liability forMaritime Claims, 1976. On the other hand, for the claimant, the Government of Belize, it is contended that in virtue of the very same section 62 of Chapter 234, the Harbour and Merchant Shipping Act, the relevant applicable legal instrument is, as amended by subsequent United Kingdom Legislation, the 1996 Protocol to the Limitation Convention, which substantially increases the limit of liability for all tonnages of vessel. The Court held that the 1976 Convention as an international instrument contains wide provisions for claims for limitation of liability arising out of the operations of ships; and that Belize has incorporated this instrument into its domestic law. However, the nature of the claim in this case is sui generis and is not easily or readily susceptible to limitation of liability in respect of amage or injury to its subjectmatter, the Belize Barrier Reef under the provisions of Article 2 of the Convention on claims subject to limitation. This is so because the Barrier Reef is not “property” for the purposes of the limitation of liability for claim in respect of it. Given the fact that it is the first claim of this nature and without the assistance of relevant and applicable legislation, it would in the circumstances be reasonable and fair to award the claimant the sum of $2,000.00 per square metre; and given that the claimant is making a claim in respect of only 5,755 square metre of reef damage, this makes a total of $11,510.000.00. Texte intégral COU-159758.pdf