EU legislation. By now, there is hope that the new regime will be complementary
and fill in the gaps especially for European travelers and will not distort the existing
international uniformity in carriage of passengers by sea.
4 Conclusion
This chapter has demonstrated that the existing regime on carriage of passengers by
sea is complex and multifaceted. It includes international conventions, EU law and
national law of individual States. Thus, it presents difficulties for sea passengers who
will be faced with a myriad of regimes and will have to make an important choice to
present their claim in the right forum.
Answering the questions of whether the harmonisation attempts in IMO were
necessary and successful and whether the Athens Convention achieved its goal to
unify law related to passengers, it can tentatively be submitted that most likely the
question of uniformity is complex and includes many components of whether a
particular instrument promotes international uniformity or not. It is always more
difficult to achieve uniformity regarding the private law conventions which will be
finally applied and interpreted by domestic courts. A well-known fact that implementation and interpretation represent the most important elements of a successful
uniform application in all Contracting States and sometimes may be even considered
as obstacles to uniformity.
34 However, a number of scholars recognised without
doubts that maritime law due to the unique character of maritime commerce always
demonstrated a striking degree of uniformity.
To conclude this chapter, it can be submitted that the Athens Convention represents a serious and well-thought initiative and has already shown worldwide support
in various states including the EU. There is hope that this Convention with all its
important provisions and features will govern the area of passenger carriage in the
years to come.
References
Books and Articles
Berlingieri F (2014) International maritime conventions volume I: the carriage of goods and
passengers by sea, 1st edn. Informa Law, London
Dickerson TA (2003–2004) The cruise passenger’s dilemma: twenty-first-century ships,
nineteenth-century rights. Tulane Marit Law J 28:447
34 Griggs (2003).
74
O. Bokareva
and fill in the gaps especially for European travelers and will not distort the existing
international uniformity in carriage of passengers by sea.
4 Conclusion
This chapter has demonstrated that the existing regime on carriage of passengers by
sea is complex and multifaceted. It includes international conventions, EU law and
national law of individual States. Thus, it presents difficulties for sea passengers who
will be faced with a myriad of regimes and will have to make an important choice to
present their claim in the right forum.
Answering the questions of whether the harmonisation attempts in IMO were
necessary and successful and whether the Athens Convention achieved its goal to
unify law related to passengers, it can tentatively be submitted that most likely the
question of uniformity is complex and includes many components of whether a
particular instrument promotes international uniformity or not. It is always more
difficult to achieve uniformity regarding the private law conventions which will be
finally applied and interpreted by domestic courts. A well-known fact that implementation and interpretation represent the most important elements of a successful
uniform application in all Contracting States and sometimes may be even considered
as obstacles to uniformity.
34 However, a number of scholars recognised without
doubts that maritime law due to the unique character of maritime commerce always
demonstrated a striking degree of uniformity.
To conclude this chapter, it can be submitted that the Athens Convention represents a serious and well-thought initiative and has already shown worldwide support
in various states including the EU. There is hope that this Convention with all its
important provisions and features will govern the area of passenger carriage in the
years to come.
References
Books and Articles
Berlingieri F (2014) International maritime conventions volume I: the carriage of goods and
passengers by sea, 1st edn. Informa Law, London
Dickerson TA (2003–2004) The cruise passenger’s dilemma: twenty-first-century ships,
nineteenth-century rights. Tulane Marit Law J 28:447
34 Griggs (2003).
74
O. Bokareva