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The Costa Concordia Incident and Liability for Passenger Damage: An International and European Law Approach

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Chapter Summary

This chapter highlights the existing compensation system for passengers' damages on the basis of the existing liability regime and its accompanying limitation of liability scheme. It focuses on the applicable international conventions as well as on the leading European Regulation EC 392/2009 of 23 April 2009. The chapter explains the different aspects of the arising liability, and then discusses the limitation of liability possibilities. The Athens 2002 Protocol introduces mechanisms to assist passengers in obtaining compensation, based on well-accepted principles applied in existing liability and compensation regimes dealing with environmental pollution. The issue of passengers' rights and the liability of passenger maritime carriers has been dealt with in international maritime law through different conventions. More general aspects concerning the liability and the limitation of liability for passenger claims have already been introduced in the limitation of liability for maritime claims (LLMC) 1976 convention as amended by the 1996 Protocol.

Keywords: Athens 2002 Protocol; civil liability; LLMC 1976 convention; passengers' rights



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