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Is there a Need for the Republic of Croatia to Adopt the 2002 Athens Convention?

Dorotea Ćorić ; Pravni fakultet Sveučilišta u Rijeci


Puni tekst: hrvatski pdf 665 Kb

str. 917-934

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Sažetak

The 2002 Athens Convention significantly alters the system of maritime carrier’s liability for the death of or personal injury to a passengers in regard to the system of liability imposed by the 1974 Athens Convention and its amendments, the 1976 and 1990 Protocols. The two tier liability system, high limits of carrier’s liability, mandatory liability insurance with direct civil liability actions against the insurer, without any doubt, have been solutions that improve the position of the passenger. Nevertheless, the aggravated conditions of carrier’s liability are the main reason that even after eight years of adoption of the Convention the conditions for its entering into force have not yet been completed. Due to this fact, the special Reservation and Guidelines for Implementation of the 2002 Athens Convention were adopted by the International Maritime Organization. The legal instrument contains appropriate reservations that state parties can enter to the 2002 Convention in the process of its ratification. In 2009 the European Union adopted the Regulation on the Liability of Carriers of Passengers by Sea in the Event of Accidents. The Regulation implements the 2002 Athens Convention in European legal system. Regardless of the adoption of 2002 Convention by the Union and their state parties, the Regulation is coming into force no later than 31st December, 2012. Having this in mind, the author in the article puts a strong emphasis on the issue of relationship between the Republic of Croatia and 2002 Athens Convention. The author pays a special consideration to all legal and economic consequences, which could be caused by its implementation.

Ključne riječi

carrier, carrier who actually performs the carriage, liability, limits of liability, mandatory insurance

Hrčak ID:

63629

URI

https://hrcak.srce.hr/63629

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