International Carriage of Passengers by Sea considers the complexities involved in the law applicable to contracts for the carriage of passengers by sea in England, Australia and Singapore. After outlining the international framework for the regulation of passenger ships, it describes and analyses the particular legal issues surrounding contracts for the carriage of passengers by sea. It considers the law of contract as it applies to carriage of passengers, the relevant international conventions governing carrier liabilities (with particular emphasis on the Athens Convention 1974 and Athens Convention 2002) and the effect of applicable statutory interventions operating in England, Australia and Singapore.
Main features:
- Outlines the regulation of passenger ships at sea under international law
- Explains and analyses common law principles of contract as they apply to passenger contracts (in particular the law relating to incorporation of and interpretation of standard terms) and outlines the effect of relevant consumer protection laws in England, Australia and Singapore
- Discusses the history, application and critical provisions of the Athens Convention 1974, the Athens Convention 2002, and the Athens Regulation (EU) 2012 together with analysis of relevant case law
- Explains the operation of international conventions limiting liability for maritime claims against carriers as they may operate in relation to passenger claims
- Considers the nature of the carrier’s duty to exercise due care in tort and contract in the context of personal injury, death and property damage claims both at common law and pursuant to the domestic statutes of each jurisdiction
- Considers pecuniary claims and ‘consumer’ claims relating to non-performance or defective performance of a contract of carriage, (including damages for loss of enjoyment and disappointment) under general law and statute
- Discusses claims for damages for loss of enjoyment/ disappointment and distress
- Deals with the practical aspects of bringing a claim: time bars, notice provisions, jurisdiction clauses and disputes as to court jurisdiction
Includes, as Appendices, a number of International Conventions and EU Regulations, such as the Athens Convention 1974, Athens Convention 2002, Athens Regulation (EU) 2012 and EU Regulation No 1177/2010 (rights of passengers travelling by sea and inland waterways).
Review by Professor Nick Gaskell for the Journal of Business Law:
“Kate Lewins is to be congratulated in being the first (so far as I am aware) to produce a book on the legal issues involving the international carriage of passengers by sea. There has long been a gap in the English maritime law market for such a book, and this is the first to fill it – and so admirably too.”
Review by Michael White, Adjunct Professor, University of Queensland:
"The book is exceptionally well researched and written covering this important and growing topic of passengers at sea. No maritime academic, practitioner, regulator or law library should be without it.” From a review by Michael White from Australia and New Zealand Maritime Law Journal."