passengers. Therefore, a relevant certificate should be issued to each ship according
to the procedure set in Article 4 bis.
18
2.2 Global Limitation of Liability Under the International
Convention on Limitation of Liability for Maritime
Claims, 1976, as Amended by the Protocol of 1996
Another convention relevant to passenger claims is the Convention on Limitation of
Liability for Maritime Claims, 1976, amended by a 1996 Protocol, generally known
as LLMC 1996. It is considered that the notion of limitation of shipowners’ liability
as one of the features of maritime law and has its roots in Roman law.
19 It is noted
that the term “limitation of liability” is not very accurate since its true meaning is the
“limitation of damages or compensation” which is a quantitative concept.
20 However, the term “limitation of liability” is widely used in statutory and conventional
law. It implies that the shipowner is granted a privilege to limit its liability and
carries the burden of proof to show that he is entitled to it. It is also noted that
limitation is a matter of public policy, rather than law.
21 Provisions of limitation of
liability are embodied in the major maritime conventions, including those governing
carriage of goods and passengers.
Article 19 of the Athens Convention refers to other conventions dealing with the
limitations of liability of owners of seagoing ships. It is evident that the relevant
convention would be the Convention on Limitation of Liability for Maritime Claims,
1976, amended by a 1996 Protocol, generally known as LLMC 1996. Among
various other issues, it provides the limits of liability also for passenger claims. As
stated in Article 7 of the LLMC Convention:
1. In respect of claims arising on any distinct occasion for loss of life or personal injury to
passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of
175,000 Units of Account multiplied by the number of passengers which the ship is
authorized to carry according to the ship’s certificate.
Under the Protocol which was adopted in 1996 and entered into force on 13 May
2004 the amount of compensation payable in the event of an incident was increased.
It also introduced a “tacit acceptance” procedure for updating these amounts in the
future. Thus, the limit of liability for claims for loss of life or personal injury on ships
not exceeding 2000 gross tonnage is 2 million SDR. For larger ships, additional
amounts are used for calculation of the limitation amount. It is notable that the 1996
18 Similar legislation was adopted in the European Union reflected in Directive 2009/20/EC of
23 April 2009 on the insurance of shipowners for maritime claims.
19 Huybrechts (2010), p. 120. See Donovan (1978–1979), pp. 1000–1001.
20 Mukherjee (2009), pp. 40–42.
21 Ibid.
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O. Bokareva
to the procedure set in Article 4 bis.
18
2.2 Global Limitation of Liability Under the International
Convention on Limitation of Liability for Maritime
Claims, 1976, as Amended by the Protocol of 1996
Another convention relevant to passenger claims is the Convention on Limitation of
Liability for Maritime Claims, 1976, amended by a 1996 Protocol, generally known
as LLMC 1996. It is considered that the notion of limitation of shipowners’ liability
as one of the features of maritime law and has its roots in Roman law.
19 It is noted
that the term “limitation of liability” is not very accurate since its true meaning is the
“limitation of damages or compensation” which is a quantitative concept.
20 However, the term “limitation of liability” is widely used in statutory and conventional
law. It implies that the shipowner is granted a privilege to limit its liability and
carries the burden of proof to show that he is entitled to it. It is also noted that
limitation is a matter of public policy, rather than law.
21 Provisions of limitation of
liability are embodied in the major maritime conventions, including those governing
carriage of goods and passengers.
Article 19 of the Athens Convention refers to other conventions dealing with the
limitations of liability of owners of seagoing ships. It is evident that the relevant
convention would be the Convention on Limitation of Liability for Maritime Claims,
1976, amended by a 1996 Protocol, generally known as LLMC 1996. Among
various other issues, it provides the limits of liability also for passenger claims. As
stated in Article 7 of the LLMC Convention:
1. In respect of claims arising on any distinct occasion for loss of life or personal injury to
passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of
175,000 Units of Account multiplied by the number of passengers which the ship is
authorized to carry according to the ship’s certificate.
Under the Protocol which was adopted in 1996 and entered into force on 13 May
2004 the amount of compensation payable in the event of an incident was increased.
It also introduced a “tacit acceptance” procedure for updating these amounts in the
future. Thus, the limit of liability for claims for loss of life or personal injury on ships
not exceeding 2000 gross tonnage is 2 million SDR. For larger ships, additional
amounts are used for calculation of the limitation amount. It is notable that the 1996
18 Similar legislation was adopted in the European Union reflected in Directive 2009/20/EC of
23 April 2009 on the insurance of shipowners for maritime claims.
19 Huybrechts (2010), p. 120. See Donovan (1978–1979), pp. 1000–1001.
20 Mukherjee (2009), pp. 40–42.
21 Ibid.
68
O. Bokareva