Compulsory liability insurance for carriage of passengers by sea under 2002 athens convention

Turkish Commercial Code No. 6102 provides articles relating to the contracts of the carriage of passengers by the sea, which are implemented directly from Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea dated 1/11/2002. One of the most important innovations brought by the Protocol is the introduction of strict liability and compulsory liability insurance in respect of the death of and personal injury to passengers up to a certain amount. In addition, the limits of carrier's liability have been significantly increased compared to the 1974 Athens Convention. For the time being Turkey, in its domestic law, recently commenced its preparations to ratify the 2002 Protocol. Therefore, the question arises, of how the compulsory liability insurance provided for by the convention will take effect when Turkey becomes a State Party. Although, being in line with 2002 Athens Convention, compulsory liability insurance has been provided under TCC Art. 1259; it must be evaluated to what extent the provisions of the Sixth Book of TCC relating Insurance Law and the General Conditions for Sea Vehicles Compulsory Financial Liability Insurance, which entered into force on 13/8/2014, will be valid against the provisions of 2002 Athens Convention. The convention seeks a foreign element, i.e. an international carriage, under its Art. 2 for its application. Thus it will be applicable directly under Turkish law against its national regulations, pursuant to Turkish Constitution Art. 90 para. 5 and International Private and Procedural Law No. 5718 Art. 1 para. 2.