Parviz Ameri; Habib Talebahmadi; Ali Rezaee; Erfan Khosravani
Abstract
Passenger transportation by sea is more than other modes by considering of safety and cost. Due to this large volume, the codification of international rules and conventions were required. In this regard, the first convention was drafted in 1961 under the Brussels Rules. This convention was not welcomed ...
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Passenger transportation by sea is more than other modes by considering of safety and cost. Due to this large volume, the codification of international rules and conventions were required. In this regard, the first convention was drafted in 1961 under the Brussels Rules. This convention was not welcomed by the states and therefore the 1974 Athens Convention was envisaged. In order to increase the carrier's liability and to provide more protection to the passenger, this convention completely changed the basis and extent of liability contained in the Brussels Convention. However, the evolution of regulations of air transportation has led governments to change the rules governing to passenger transportation by sea. After several unsuccessful attempts, the 2002 London Amendment Protocol was finally incorporated into the Athens Convention. This protocol intensified the carrier's liability. This article examines the changes made to the Athens Convention and the London Amendment Protocol and reasons of these changes. Finally, it will be seen that the basis of liability has been changed to absolute and the reason of these changes is unification with the rules governing to air transportation of passenger. According to these developments, the changing of the internal regulations governing maritime passenger transport is necessary.
Mansour Jabbari; Majid Hasannejad
Volume 2, Issue 4 , December 2013, , Pages 141-165
Abstract
AbstractAccording to international and national regulations, are exempted fromliabilities in different situations such as proving that they have taken allnecessary measures to avoid the damages, failure of passenger or consignersor force major. These exemptions are divided into two categories: statutoryor ...
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AbstractAccording to international and national regulations, are exempted fromliabilities in different situations such as proving that they have taken allnecessary measures to avoid the damages, failure of passenger or consignersor force major. These exemptions are divided into two categories: statutoryor non-contractual exemptions and contractual exemptions which areaccording parties" will. Due to vast material we will study the first one inthis article.Surveying exemptions permitted in international regulations in thisarticle, we will try to compare them with exemption of Iranian law in orderto pave the way to remove the shortcoming of domestic regulations.
