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Full text: Carrier liability for damages incurred by ship passengers

204 
U. MIAMI INT'L & COMP. L. REV. 
V. 23 
2012, 49 even though PAL 2002 had not yet entered into force 
at the time. 
B. Development 
"The rise of passenger law Regulations in [EU] 
transport law is one of the most dynamic consumer policy 
developments in recent years." 50 In particular, the shipping 
sector has new legislative developments that have often been 
the product of major disasters. 51 At first glance, one might be 
tempted to think that the 2009 PLR was not immediately 
inspired by such a disaster, but in fact, the PLR can be seen 
as part of a process, which began with the Herald of Free 
Enterprise and Estonia disasters. 52 While safety issues were 
often addressed in the wake of these disasters, it took some 
time for passenger rights to develop in the maritime sector: 
"Compared to this avalanche of European safety regulation, 
establishing a (private law) liability regime for passengers is 
a slow process. Setting up an international framework on 
passenger rights in sea transport was first attempted in the 
49 Das Weißbuch, supra note 40, at 214. 
50 Jens Karsten, European Passenger Law for Sea and Inland Waterway 
Transport, 2 Y.B. OF CONSUMER L. 201, 201 (2008). 
51 Nicholas Gaskell, Compensation for Offshore Pollution: Ships and 
Platforms, in Maritime Law Evolving: Thirty Years at Southampton 
63, 63 (Malcolm Clarke ed., 2013), available at 
https://books.google.fi/books?id=AITqAwAAQBAJ&pg=PT94&lpg=PT 
94&dq=maritime+law+reaction+disaster&source=bl&ots=GVbluOC9Tf& 
sig=kckZCfFlzuZ8oPICfXvVproq9eE&hl=en&sa=X&ved=0CBsQ6AEw 
AGoVChMInfGrjsuPyQIVhHNyChl9Vw0x#v=onepage&q=maritime%2 
01aw%20reaction%20disaster&f=false (Gaskell fittingly refers to this 
phenomenon as the "disaster reaction syndrome."). 
52 Id. at 204.
	        
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