The carriage of passengers by sea

Abstract

The main concern of this thesis is the regulation of the carriage of passengers by sea under Maltese law. However, a comprehensive analysis of the subject requires a thorough examination of its international dimension, as the carriage of passengers by sea has evident international implications. Accordingly, this thesis discusses the subject from both the Maltese and international perspectives. In chapter 1, the reader is introduced to the legislative enactments which, directly or indirectly, govern the carriage of passengers by sea in Malta. Reference is also made to a number of Maltese judgements which have an influence on the regulation of this subject, especially on the regulation of certain important clauses which are often inserted in contracts for the carriage of passengers by sea. Chapter 2 provides an analysis of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 and its 1976, 1990 and 2002 Protocols. Malta is not a party to this Convention. Nevertheless, it was felt necessary to include a chapter explaining this convention due to the international aspect of the topic under discussion and also in order to evaluate whether or not it would be advisable for Malta to ratify this Convention, a matter discussed in chapter 4. The manner in which a number of countries regulate the carriage of passengers by sea is reviewed in chapter 3. This chapter discusses the position of certain countries which have ratified the Athens Convention and of others which have not. In chapter 4 the discussion revolves around the adequacy or otherwise of Maltese law relating to the carriage of passengers by sea.