A Critical Analysis of Carriage
of Passengers by Sea: Uniformity Through
International and Regional Approaches
Olena Bokareva
Abstract The purpose of the chapter is to examine and evaluate the legal regime in
relation to international sea passengers and whether it provides international uniformity and adequate protection to the passengers carried by sea. The international
regime embodied in the Athens Convention relating to Carriage of Passengers and
their Luggage by Sea 1974 and the Protocol 2002 establishes carrier’s liability for
death and personal injuries arising out of the shipping incidents and in some cases
non-shipping incidents. In the context of the European Union (EU), the passengers
may also bring their claims based on the EU Regulation 392/2009 which implements
the Athens Convention 2002 and harmonises this area among all the EU Members
States. In contrast to international regime that mainly focuses on liability of the
carrier and compensation for damage, the EU regime has also elements of
consumer law.
With the advancement of sea passenger transportation and cruising to virtually all
resort destinations around the world, thousands of passengers are traveling by sea to
spend their vacation on a passenger ship. According to the data, 24.2 million
passengers chose cruises in 2016.
1 It is notable that passengers’ claims arising due
to accidents on ships have been brought since the sinking of the Titanic in 1912.
Unlike carriage of cargo, transportation of passengers presents totally different risks
and liabilities for the carrier.
The outcome of any claim related to passengers depends on the applicable law
and the forum state. The applicable law that will govern a dispute will be indicated in
the ticket incorporating standard terms and conditions. It is vital for every passenger
to know its rights before planning a voyage, but as practice shows, very few
passengers do read the terms and conditions. Only in the case of an accident, it
becomes evident whether and to what extent the passenger or his relatives can be
O. Bokareva (*)
Faculty of Law, Lund University, Lund, Sweden
1 Cruise Industry Overview—2017, https://www.f-cca.com/downloads/2017-Cruise-Industry-Over
view-Cruise-Line-Statistics.pdf.
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_4
59
of Passengers by Sea: Uniformity Through
International and Regional Approaches
Olena Bokareva
Abstract The purpose of the chapter is to examine and evaluate the legal regime in
relation to international sea passengers and whether it provides international uniformity and adequate protection to the passengers carried by sea. The international
regime embodied in the Athens Convention relating to Carriage of Passengers and
their Luggage by Sea 1974 and the Protocol 2002 establishes carrier’s liability for
death and personal injuries arising out of the shipping incidents and in some cases
non-shipping incidents. In the context of the European Union (EU), the passengers
may also bring their claims based on the EU Regulation 392/2009 which implements
the Athens Convention 2002 and harmonises this area among all the EU Members
States. In contrast to international regime that mainly focuses on liability of the
carrier and compensation for damage, the EU regime has also elements of
consumer law.
With the advancement of sea passenger transportation and cruising to virtually all
resort destinations around the world, thousands of passengers are traveling by sea to
spend their vacation on a passenger ship. According to the data, 24.2 million
passengers chose cruises in 2016.
1 It is notable that passengers’ claims arising due
to accidents on ships have been brought since the sinking of the Titanic in 1912.
Unlike carriage of cargo, transportation of passengers presents totally different risks
and liabilities for the carrier.
The outcome of any claim related to passengers depends on the applicable law
and the forum state. The applicable law that will govern a dispute will be indicated in
the ticket incorporating standard terms and conditions. It is vital for every passenger
to know its rights before planning a voyage, but as practice shows, very few
passengers do read the terms and conditions. Only in the case of an accident, it
becomes evident whether and to what extent the passenger or his relatives can be
O. Bokareva (*)
Faculty of Law, Lund University, Lund, Sweden
1 Cruise Industry Overview—2017, https://www.f-cca.com/downloads/2017-Cruise-Industry-Over
view-Cruise-Line-Statistics.pdf.
© Springer Nature Switzerland AG 2020
P. K. Mukherjee et al. (eds.), Maritime Law in Motion, WMU Studies in Maritime
Affairs 8, https://doi.org/10.1007/978-3-030-31749-2_4
59