Who Is Legally Responsible?
Colorado Technical University Online
July 9, 2010
Who Is Legally Responsible?
Most of us have either taken or wanted to take a vacation on a cruise ship. For the most part we don’t ever really think about the legality of any crimes at sea. How safe are you and your belongings on a cruise ship? In fact, Alexander Anolik, a lawyer, based in San Francisco, specializing in travel law, states ships try to handle crimes internally and reports taken on the ship are not always reported to the proper authorities. (Elliott, 2006) So there may not be any valid statistics for the average vacationer to even look at. Whose responsibility is it to make these customers aware of the laws at sea? As the Vice President of Risk Management for International Industries, it is important to mitigate the risks associated with crimes at sea by ensuring we have sufficient plans and controls in place.
In the case of Mr. and Mrs. John Doe who were the victims of theft, assault, battery, emotional distress and wrongful injury aboard an International Industries cruise ship, Sailfin, one of the main things to take into consideration is what flag of convenience the ship was flying. The Sailfin files the flag of Liberia. “Under Admiralty law, a ship’s flag determines what country has jurisdiction.” (Legal Database, 2010) Although this may provide certain benefits to the company, we need to ensure we mitigate all risk by ensuring all plans and controls are followed and as necessary, changes made to avoid this situation for our customers in the future. Public law “deals with the relationship of government to individual citizens”. (Kulbasek, Brennan, & Browne, 2009) If the suspects are apprehended in the case of the Does, public law will deliver judgment in that case and criminal charges will be brought against them by the state or country. Public law deals with the rights us as citizens are...
References: Coffman, L. (2010). Passenger Claims - Interview with James Walker. Retrieved July 8, 2010, from cruiselaw.com: http://www.cruiselaw.com/interview.html
Elliott, C. (2006, February 26). Mystery at Sea: Who Polices the Ships? New York Times (Late Edition (East Coast)) , p. 5.9. Retrieved July 5, 2010, from ProQuest National Newspapers Expanded. (Document ID: 993618861).
Kulbasek, N. K., Brennan, B. A., & Browne, M. N. (2009). Introduction to Law and the Legal Environment of Business. In The Legal Environment of Business: A Critical Thinking Approach (p. 32). New York: Pearson Customer Publishing.
Legal Database. (2010). Retrieved July 6, 2010, from Admiralty Law Overview: http://www.legal-database.com/admiralty-law-overview.htm
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