Research On Compulsory Liability Insurance System For Maritime Passenger Transport

This paper mainly introduces the marine compulsory liability insurance system,which is emerging as a new legal system in the marine area in the recently decades. Itnot only can help the victims obtain adequate reparation timely after the shipwrecking,but also ensure the stable development of the industry of maritime passenger transport.The International Maritime Organization (IMO) had adopted Athen’s ConventionRelating to the Carriage of Passengers and Their Luggage by Sea,2002, which greatlyimproved the carrier’s liability limits and established the maritime compulsoryliability insurance system. Because of the low level of development of China’smaritime passenger transport industry, we have not acceded to the Convention yet.Starting with the entry into force of the Athens Convention,2002, this paper is goingto discuss on marine compulsory liability insurance systems in different areas bytaking other countries’ compulsory liability insurance systems as references, thenelaborate some legal issues on the marine compulsory liability insurance system. Andat last, this paper based on the current situation of the industry of maritime passengertransport in China and the current laws, then explore the way to build up thecompulsory liability insurance system for the carrier of passengers at sea in China.This paper is consisted of four parts. Chapter1is the introduction of Athen’sConvention Relating to the Carriage of Passengers and Their Luggage by Sea,2002,including the1974version and the subsequent protocols. It introduces the maincontent of the Convention and the amendments of each Protocol. Then, it expoundswhat impact and significance will it have when the Convention enter into force.Chapter2introduced the conception of the compulsory liability insurance systemand the system value, and did some research on the treaties and other countries’ laws,which are relating to the compulsory liability insurance system.Chapter3is the research of some related law issues about compulsory liabilityinsurance system for the carrier of passengers on the sea. It elaborates the controversial questions in practice such as the eligibility of insurers, the directlitigation system, and so on. Also, it discusses the impact of the establishment ofcompulsory liability insurance system for the carrier of passengers on the sea wouldhave on other legal systems.Chapter4is the research about the establishment of compulsory liabilityinsurance system for the carrier of passengers on the sea in our country. First, it setsforth the necessity of setting up the compulsory liability insurance system for thecarrier of passengers on the sea in our country. Then, it gives some suggestions abouthow to create and perfect it.