2015 
Carrier Liability 
199 
which a regional organization has become a party. 27 While 
the PAL 1974 and its 1976 protocol have entered into force, 
the 1990 protocol to the Athens Convention never became 
binding law. 28 The PAL 2002 entered into force on April 23, 
2014, one year after the necessary number of ratifications 
was reached. 29 
In this article, we will look at the substantive rules of 
the PLR and compare these rules to U.S. law. We will also 
pay attention to some of the challenges that result from the 
parallel implementation of the PLR and the PAL 2002 for 
those EU member states that ratify the PAL 2002, which the 
PLR is supposed to transfer to EU law. 
IE Liability for Damages Incurred by Passengers 
Under U.S. Law and Under the PLR 
Cruise vessels hired that also depart from 
U.S. waters are known as common carriers 
according to Section 3(6) of the Shipping Act 
of 1984. 46 U.S.C. Sec. 1702 (6). It is 
commonly accepted that a common carrier is 
under a "special duty" beyond reasonable 
care to its vessel passengers. This special duty 
means that a cruise ship must see to it that 
27 Cf. Int'l Mar. Org., 
http:// www.imo.org/ About/Conventions/StatusOfConventions/Docu 
ments/status-x.xls (last visited Sept. 4, 2015). 
28 Tsimplis, supra note 9, at 126 n.6-7. 
29 Int'l Mar. Org., Athens Convention Relating to the Carriage of 
Passengers and their Luggage by Sea (PAL), available at 
http://www.imo.org/en/ About/Conventions/ListOfConventions/Pag 
es/ Athens-Convention-relating-to-the-Carriage-of-Passengers-and-their- 
Luggage-by-Sea-(PAL).aspx_(last visited Nov. 4, 2015).