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U. MIAMI INT'L & COMP. L. REV.
V. 23
IV. Outlook
The Passenger Liability Regulation was an important
step forward. The EU's implementation advanced the speed
of ratifications of the Athens Convention and its 2002
Protocol by EU member states. The entry into force of the
PAL 2002 also made this legal regime more attractive for
non-EU member states. It remains to be seen how the
similar, but slightly different, legal regimes under the
revised Athens Convention and the Passenger Liability
Regulation will interact with each other. While neither the
EU's Passenger Liability Regulation nor the Athens
Convention provide perfect solutions, the position of the
victims' relatives is now significantly stronger than it is
under U.S. law. So far the United States has ratified neither
the original Athens Convention, nor the 2002 Protocol,
making the EU's legislative activity in the realm of
passenger rights to be rightly considered to amount to a
"boom." 7 3
More than anything else, the measures taken by the
EU can serve as a model on how to increase the protection of
passengers. Obligatory insurance schemes place both an
indirect as well as a direct burden on carriers. The direct
burden is the need to maintain insurance for carriers; the
indirect burden means that carriers will also need to
maintain minimum standards regarding the way they
conduct their business because insurance companies will be
reluctant to provide insurance to carriers that are using ships
that are in poor condition or to carriers that are willing to
accept overcrowding onboard their vessels. This economic
pressure will also show its power where the state in question 73
73 Karsten, supra note 40, at 214.