Alexandra Kasatkina

Carrier's Liability in International Carriage of Passengers and Luggage

2011. No. 3. P. 94–102 [issue contents]
Kasatkina Alexandra  - Postgraduate student, International Private Law, National Research University Higher School of Economics. Doctor of Historical Sciences. E-mail: akasatkina@hse.ru
Address: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.

The problem of carrier’s liability remains most complicated and unresolved. The fact that the liability of transport companies is directly connected with passengers confirms it. The higher carrier’s liability is, safer passengers are and vice versa. Hence, international law regulation of the carrier should ensure the solution to two important objectives: firstly, provide enough security to people, i.e. passengers using transport services and secondly, stimulate carriers to arrange the transportation process properly and avoid causing financial difficulties which may affect the work of transportation lines, especially in struggling economies. Most treaties on international transportation set the limits for carriers. It is the maximum of compensation to be paid to the passenger in case of bringing harm to their health or the maximum amount which may be requested if the luggage has been lost. The limits of the carrier’s liability are set differently. With the transportation of carriers, the maximum amount is set for one injures person and dependents. With transporting luggage, this limit is set in proportion to the unit of weight. In case of delay cargo and luggage, the limit of carrier’s liability is carriage charge or its part. The solution to the problem of carrier’s liability is affected by the fact that the international community has to solve all the issues at the international level on all transportation types. Besides, the problem of the carrier’s liability includes two major issues: carrier’s limits of liability in terms of time and the cases which may cause liability. However, the carrier has to be liable only for its fault which may appear during transportation. Hence, this article is devoted to a number of issues, related to the carrier’s liability in international carriage of passengers and their luggage. The author analyses the grounds and limits of carrier’s liability under International Transport Law. The author also scrutinizes a wide range of international treaties as principal sources of legal regulation of international carriage of passengers and their luggage.
Citation: Kasatkina S. A. (2011) Otvetstvennost' perevozchika pri mezhdunarodnykh perevozkakh passazhira i bagazha [Carrier's Liability in International Carriage of Passengers and Luggage] Pravo. Zhurnal Vysshei shkoly ekonomiki, 3, pp. 94-102 (in Russian)
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