Athens Convention, which has established a regime of liability for damage suffered by passengers carried on a seagoing vessel in international trade, was first adopted on 13 December 1974 and entered into force on 28 April 1987. On 20 March 1990, a Protocol ("1990 Protocol") was adopted to raise the amount of compensation, but it has not been come into effect. For your easy reference, we hereinafter exhibit a latest list of states that ratified the Athens Convention and the 1990 Protocol respectively. Japan has not ratified them.

Being the outcome of the intensive review carried out by the International Maritime Organization (IMO)'s Legal Committee since October 1996 over provision of financial security for passengers' death and personal injury claims, the 2002 Convention not only raises per capita limits of liability but also introduces carrier's strict liability for death and personal injury claims caused by shipping incidents and compulsory insurance with allowing claimants to proceed directly against insurers. With casting such heavy burdens over owners of passenger vessels and insurers as unlikely to be responded, the Protocol seems to have serious difficulties to be implemented.

The International Group of P&I Clubs repeatedly expressed its opinion before the Legal Committee and the Diplomatic Conference advocating desirability of more moderate and realistic revision, but in vain.

The adoption of the 2002 Protocol has no immediate effect to owners' responsibility of passenger ships for the time being, as there is no certain prospect of its entering into force. However, the difficult issues of the possible restrictions on indemnity cover for passenger vessels may be emerged when the date of its coming into force gets close at hand.

For your easy reference, we attach hereto a comparison table between the Athens Convention and its Protocols.

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