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Full text: Carrier liability for damages incurred by ship passengers

208 
U. MIAMI INT'L & COMP. L. REV. 
V. 23 
The European Union has now essentially copied the 
Athens Convention, as amended by the 2002 protocol, and 
has included it in an annex to the PLR. 60 In the 
transformation of Public International Law into EU law, the 
PLR follows the model set by regulations (EC) No 2027/97, 
(EC) 889/2002 on air travel, and (EC) No 1371/2007 on 
travel by railway. 61 At the same time, it has to be noted that 
the PLR is not a stand-alone document, rather it must be 
understood as being part of the EU's overall policy on 
transport. 62 
While it is said that the PAL 2002 has been included 
in the PLR as Annex I, 63 it has to be noted that PLR Annex I 
differs from PAL 2002 in several respects. Lor example, the 
PLR goes beyond the PAL 2002 by allowing for the 
application of the liability rules to domestic travels as well. 64 
It might appear that the drafters of the PLR wanted to copy 
many substantial rules from the PAL 2002 but deliberately 
excluded some of them, yet in some cases small changes of a 
technical nature were necessary for the PLR to make 
complete sense. Lor example, the continued references to 
state parties to the PAL 2002 or technical aspects relevant 
document is updated regularly by the IMO, updated versions will be 
accessible through the link provided on 
http://www.imo.org/ en/ About/Conventions/StatusOfConventions/P 
ages/Default.aspx). 
60 PLR at Annex I. 
61 Karsten, supra note 40, at 214. 
62 Norman A. Martínez Gutiérrez, New European rules on the liability of 
carriers of passengers by sea in the event of accidents, 18 J. OF Int'l Mar. L. 
293, 295 (2012). 
63 Cf. e.g. id. 
64 Beate Czerwenka, Neue Haftungs - und Entschädigungsregelungen in der 
Personenschifffahrt - Elarmonisierung durch Europarecht, 5 Transportrecht 
165,171 (2010).
	        
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