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14 Carriage of Passengers and their Luggage by Sea

Erik Røsæg

From: The IMLI Manual on International Maritime Law: Volume II: Shipping Law

Edited By: David J Attard, Malgosia Fitzmaurice, Ignacio Arroyo, Norman Martinez, Elda Belja

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 16 January 2022

Modes of liability — Seafarers — Nationality of ships — Straits

This chapter examines the development of international law that regulates the carriage of passengers by sea. It outlines the basis for liability held by carriers of passengers stated under the 1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Athens Protocol, which further improved the 1974 Convention as it added provisions relating to terrorism insurance as a response to the 9/11 attacks in New York. The scope of the Athens Convention is international carriage, and then only when: the ship is flying the flag of a State Party, the contract has been made in a State Party, or the place of departure or destination is in a State Party. Even within this scope, the Convention yields to other conventions on mandatory liability, for example in relation to the carriage of railway passengers on a sea leg, making it inapplicable to domestic traffic.

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