The Costa Concordia Tragedy. Part II: Applicable Law

25th September 2014 by Joseph Harbaugh

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Most of those claiming damages as a result of the Costa Concordia accident likely will be litigating in Italian courts. However, there may be US citizens who will be permitted to pursue their claims in Florida or other tribunals in the United States. Wherever the dispute is tried, it is very likely Italian law will apply. Italian domestic law, however, is often linked to International Law. The interplay between the two sets of law opens up the possibility of different approaches that cannot be completely reconciled or predicted. Under Italian Law, both the Tourism Code and the Naval Code will be in play. On the International Law side, two important treaties, the Brussels Convention and the Athens Convention, must be considered.

About the Author

Joseph Harbaugh is Professor of Law and Dean Emeritus of the Shepard Broad Law Center, Florida USA.

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