By Maarten Bos (auth.)
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Extra resources for Essays on International & Comparative Law
With respect to passengers there is no international uniformity either: the Athens Convention, which has not entered into force, does not provide for liability for delay. However this does not exclude the possibility that there might be claims for delay. The concept of "preventive measures" originates from the CLC. According to Article I, 6 jo 7 of that Convention "oil pollution damage" includes the costs of reasonable measures taken by any person (also the person liable under CLC: the shipowner) after the incident to prevent or minimize oil pollution damage and further loss caused by such measures.
When, for instance, a stevedore used by a shipowner or a charterer in the performance of a contract of carriage would be liable for damage to cargo the (tort) claim of the cargoowner against him would be subject to limitation. In this way the servants and agents receive the same kind of protection as by way of the socalled "Himalaya"-clauses in bills of lading and claimants will be prevented to frustrate the limitation system by acting against other persons than the shipowner. Article 9 provides for an aggregation of claims against all persons entitled to limitation.
Unfair Contract Terms Act 1977 and the conflict of laws, 27 ICLQ (1978), p. 661. 22. Mann, 27 ICLQ (1978), at 662. " Criticism has also been made of this. , the legitimate choice for another, also connected, legal system - is far from clear. 23 This is even more the case, since section 27(2) does not require that, apart from the choice of foreign law, English law would be the proper law of the contract. 24 Another point is the interpretation of "the essential steps necessary for the making of the contract" when the adherent is a consumer.