Tort law at Marshall Islands
The Republic of the Marshall Islands (RMI) employs a mixed legal system that integrates U.S. common law, English common law, statutory law, and customary law. This framework governs tortious claims, including those against the government, maritime-related incidents, and environmental liabilities.
⚖️ Key Legal Frameworks in Tort Law
1. Government Liability Act 1980
This Act delineates the limits and procedures for tort and contract claims against the RMI government:(Regnet)
Monetary Limits: Caps government liability at $25,000 for wrongful death and $50,000 for other tort actions, with a maximum aggregate of $50,000 for claims arising from a single occurrence.
Scope of Liability: The government is liable for torts committed by its officers, agents, and employees within the scope of their employment, excluding certain acts like assault, battery (unless by a police officer in the line of duty), and misrepresentation.
Claims Process: Requires filing with the Attorney-General within six months of the claim's occurrence, with specific documentation and procedures outlined.
2. Limitation of Liability for Maritime Claims Act (Amendment) 2020
This Act amends the general limits of liability for maritime claims, establishing rules for calculating claims related to loss of life, personal injury, and other maritime incidents. It applies to claims arising on any distinct occasion within the RMI's territorial waters.
3. Civil Liability for Oil Pollution Damage Act
In line with international conventions, this Act allows for compensation claims related to oil pollution damage within the RMI's territorial waters. Actions for compensation are to be brought before the High Court, with provisions for establishing a Limitation Fund and issuing insurance certificates.
⚓ Maritime and Environmental Liability
Seamen's Protection Act: This Act provides protections for seamen, including entitlements to wages, medical treatment, and repatriation in cases of injury or illness. It also addresses wrongful death claims resulting from injuries occurring on board vessels.
Nuclear Claims Tribunal: Established in 1988, this tribunal adjudicates claims related to the U.S. nuclear testing program in the Marshall Islands. It has awarded substantial compensation in class-action cases, including over $300 million for Enewetak, over $300 million for Utirik, over $1 billion for Rongelap, and over $563 million for Bikini.
🏛️ Judicial Oversight
The RMI's judiciary comprises:
High Court: Handles civil, criminal, and administrative cases, including tort claims.
Supreme Court: Serves as the highest appellate court.
Traditional Rights Court: Addresses matters related to customary law and land disputes.
The Attorney-General plays a central role in investigating and settling claims against the government, with the authority to arbitrate or settle claims under specified conditions.
📌 Conclusion
The Republic of the Marshall Islands' tort law framework is a hybrid system that combines elements of common law, statutory provisions, and customary practices. While the Government Liability Act 1980 provides a structured approach to claims against the government, specialized legislation addresses maritime and environmental liabilities, reflecting the nation's unique legal landscape.
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