Author(s)

Erxiu Zeng

Centre for International Shipping Policy and Law Studies, School of Law, South China Normal University, Guangzhou, China.

The partly application of the Athens Convention 1974 by Shanghai Maritime Court in Miss Yang v Cruise PLC reflected some problems relating to the application of the Athens Convention 1974 in China and its protection for the cruise passengers. With the popularization of cruise vacation and the development of cruise industry, issues relating to the protection of cruise passengers gain growing attentions. Law application and jurisdiction is essential for the protection of cruise passengers. This paper will discuss the need for legal protection of cruise passengers versus carriers, and explore the application of the Athens Convention 1974 to cruise passengers, in particular, the relations between its application and choice of law, its protection for passengers in choosing the court. This paper will carry out a comparative study on the issue of the application of the Athens Convention 1974 to cruise passengers and the issue of its direct effect and supremacy in China and UK. It concludes that the Athens Convention 1974 is applicable to cruise passengers, it shall have direct effect and supremacy in Chinese court, and China should accede to the 2002 Protocol to the Athens Convention 1974 for better protection of the cruise passengers.

Cruise Passenger, Athens Convention 1974, Choice of Law, Jurisdiction Agreement, Forum Shopping

Zeng, E. (2018) The Protection of Cruise Passengers and the Athens Convention. Beijing Law Review, 9, 709-725. doi: 10.4236/blr.2018.95039.