Working paper on the legal framework on shippassenger rights in antarctic waters

The Passenger Rights sub-committee of the CMI International Working Group on Polar Shipping proposed the researching and writing of a preliminary report on the legal position of passengers´ rights in Arctic and Antarctic shipping. This report consists of a preliminary study and compilation of materials addressing passenger rights in cruise shipping in Antarctic waters against the backdrop of international treaties and the national laws of states in the southern hemisphere from whose ports cruises are undertaken to Antarctica. The report draws on contributions by legal practitioners in those and other jurisdictions.

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The topics of the report are:

I. Introduction
II. Scope of report: A study of passenger´s rights when travelling in the Antarctic for leisure
III. Definition of the area: Antarctica´s geopolitical position polar waters
V. Description of particularities/special risks in Antarctic waters
VI. Tourism management in Antarctica; IAATO
VII. Passenger Rights against the Carrier
VIII. Ticket Standard Terms and Conditions
IX. Conclusions
Annex 1: List of shipping accidents in Antarctic waters
Annex 2: IAATO active vessel registry
Annex 3: Samples of standard terms and conditions
The Passenger Rights sub-committee of

Lead author: Esther Mallach