Liability in respect of passenger claims and its limitation

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

Passenger ship accidents may cause extensive loss of life. The outdated 1974 Athens Convention has been regulating and limiting passenger claims for several years in the UK but not in many other countries. A protocol in 2002 formed the 2002 Athens Convention, a significantly better legal instrument. Problems in the implementation of the 2002 Athens Convention have been resolved by the adoption of recent IMO Guidelines. The 2002 Convention is in the process of becoming a Regulation adopted by the European Union as a part of the third maritime safety package albeit with some further modifications. Passengers claiming under the new regime will have much better chances of recovery . Strict liability for loss of life and personal injury, coupled with compulsory insurance and direct action against the insurer are the essential improvements under the new regime. However the liability of carriers remains limited, but at much higher levels.
Original languageEnglish
Pages (from-to)123-148
JournalThe Journal of International Maritime Law
Volume15
Issue number2
Publication statusPublished - 2009
Externally publishedYes

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