ABSTRACT
This chapter discusses the awkward issue of when it will govern a given passenger claim. The liability of the carrier under the Athens Convention 1974 is fault-based. When death of or injury to a passenger, or loss of or damage to cabin luggage, arises from a non-shipping-related incident, the passenger has to prove both fault attributable to the carrier and a causal connection between it and the damage. The Athens Convention 1974 was not perfect. In an attempt to improve the rights of passengers and make the Athens regime more attractive for other states to ratify, a Protocol to vary it was adopted in 2002 at a diplomatic conference in London. The prevailing view argues that the claimant is precluded from bringing a claim against the carrier under national law for an incident that took place during international carriage, even when the carrier is not liable under the conventions.
