The liability of carriers of passengers by sea in light of regulation (EC) 392/2009 and the effects on Maltese legislation

Abstract

This thesis is focused on the liability of the carrier of passengers by sea. Chapter one is directed at determining the identity of the carrier so as to set a clear picture of who is held liable for the damages which ensue during the carriage. Chapter two then moves on to set out the present liability regime under the Athens Convention of 1974 as amended by its subsequent Protocols. Regulation (EC) 392/2009 relating to the liability of the carrier of passengers by sea in the event of accidents adopts the provisions of the 2002 Protocol to the Athens Convention. The differences between the regime under the Protocol and the regime to be adopted by the European Community following the accession to the Protocol and the entry into force of the Regulation are also illustrated. The limits of liability available to the carrier under the Athens Convention are a growing concern in international maritime law. The limits under the said Convention are compared with the limits prescribed under the Convention on Limitation of Liability for Maritime Claims. Chapter three also deals with the applicable limits in the case where both Conventions are applicable. Chapter four is aimed at determining the applicable regime at different levels, and the attempts done over the years so as to achieve international and European uniformity in this respect. The current situation in Malta and the effects of the European Regulation on Maltese legislation are discussed in Chapter five. The effects of the 2002 Protocol, namely the highly increased limits of liability and compulsory insurance are also dealt with. In light of all the above the thesis illustrates the current lack of harmonised rules on the subject and the growing need for such harmonisation. Such harmonisation will lead to greater passenger rights protection and clarity on the subject and equal effects on both the passenger and the carrier irrelevant of the State where the claim is made.