discrepancies between the two conventions. This solution was perceived as rational
since the creation of a single instrument pertaining to the carrier’s liability for both
the passenger and his luggage eventually could increase uniformity and international
acceptance.
7 However, opinions raised by members of national maritime law associations differed at that point. Some preferred to draft a new convention instead of
joining two existing conventions.
8 Be that as it may, the first international convention governing carriage of passengers and their luggage that entered into force was
adopted on 13 December 1974. Its full name is the Convention relating to the
Carriage of Passengers and their Luggage by Sea. Since it was signed in Athens, it
is colloquially referred to as the Athens Convention. The Convention entered into
force in 1987. A number of Contracting States was 25, but later some of them
denounced the Convention and joined the Protocol of 2002.
1.2 Athens Convention 1974
According to the original Athens Convention 1974 the basis of carrier’s liability for
death and personal injury to passengers and for loss of or damage to luggage was
based on fault. The burden of proof lied with the claimant unless arose from or in
connection with the shipwreck, collision, stranding, explosion or fire, or defect in the
ship. In those case the fault was presumed. Pursuant to Articles 7–9 the limits of
liability were deemed to be units consisting of 65.5 milligrams of gold of millesimal
fineness 900 and constituted 700,000 francs for death and personal injury. Later on,
Poincaré francs were converted into SDRs (Special Drawing Right as defined by the
International Monetary Fund) by a separate Protocol adopted in 1979 which entered
into force in 1989. According to the new Protocol, the limits of liability for death and
personal injury was changed to 46,666 SDRs.
There are different opinions regarding role of the Athens Convention 1974 in
achieving uniformity in the area of sea passenger carriage. Some consider that the
Convention did not achieve worldwide acceptance, partially because the limits of
liability were too low.
9 However, it must be recognised at the same time that the
Athens Convention was incorporated in the legislation of a number of countries
globally. Later on it was realised that the level of compensation is too low and needs
to be amended and updated. As a result, a Protocol to the Athens Convention was
adopted in 2002 which entered into force in 2014. The text of the Protocol was
consolidated with the main convention and will be further referred to as the Athens
Convention 2002. It must be observed that in a number of countries the original
Athens Convention 1974 still applies which might create conflict of conventions
when it is apparent that both regimes can apply to one claim.
7 O’Neill (1969), pp. 107–112.
8 Ibid., pp. 108–109.
9 Soyer and Leloudas (2018).
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O. Bokareva
since the creation of a single instrument pertaining to the carrier’s liability for both
the passenger and his luggage eventually could increase uniformity and international
acceptance.
7 However, opinions raised by members of national maritime law associations differed at that point. Some preferred to draft a new convention instead of
joining two existing conventions.
8 Be that as it may, the first international convention governing carriage of passengers and their luggage that entered into force was
adopted on 13 December 1974. Its full name is the Convention relating to the
Carriage of Passengers and their Luggage by Sea. Since it was signed in Athens, it
is colloquially referred to as the Athens Convention. The Convention entered into
force in 1987. A number of Contracting States was 25, but later some of them
denounced the Convention and joined the Protocol of 2002.
1.2 Athens Convention 1974
According to the original Athens Convention 1974 the basis of carrier’s liability for
death and personal injury to passengers and for loss of or damage to luggage was
based on fault. The burden of proof lied with the claimant unless arose from or in
connection with the shipwreck, collision, stranding, explosion or fire, or defect in the
ship. In those case the fault was presumed. Pursuant to Articles 7–9 the limits of
liability were deemed to be units consisting of 65.5 milligrams of gold of millesimal
fineness 900 and constituted 700,000 francs for death and personal injury. Later on,
Poincaré francs were converted into SDRs (Special Drawing Right as defined by the
International Monetary Fund) by a separate Protocol adopted in 1979 which entered
into force in 1989. According to the new Protocol, the limits of liability for death and
personal injury was changed to 46,666 SDRs.
There are different opinions regarding role of the Athens Convention 1974 in
achieving uniformity in the area of sea passenger carriage. Some consider that the
Convention did not achieve worldwide acceptance, partially because the limits of
liability were too low.
9 However, it must be recognised at the same time that the
Athens Convention was incorporated in the legislation of a number of countries
globally. Later on it was realised that the level of compensation is too low and needs
to be amended and updated. As a result, a Protocol to the Athens Convention was
adopted in 2002 which entered into force in 2014. The text of the Protocol was
consolidated with the main convention and will be further referred to as the Athens
Convention 2002. It must be observed that in a number of countries the original
Athens Convention 1974 still applies which might create conflict of conventions
when it is apparent that both regimes can apply to one claim.
7 O’Neill (1969), pp. 107–112.
8 Ibid., pp. 108–109.
9 Soyer and Leloudas (2018).
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O. Bokareva