REGAL CRUISE LINES: NO SOVEREIGNTY ON THESE SEAS

Executive Summary
This case is talking about Regal Cruises Ship environmental law violation in the U.S territory. Although
this ship is not registered in the U.S, its headquarter is in the Miami. U.S Coast identified that oil was coming from
the cruise ship and boarded the ship, but did not find any direct evidence of systematic pollution. Ship crew claimed
that all pollution treatment devices were working properly and they did not violate the U.S law. In reality, they
violated the U.S law because they sailed ship in U.S territory. For this law violation, we believe that Chief Engineer
Garcia is mostly responsible. When cruise ship operates internationally, we think that they follow environmental
standard, dont harm local economy, perform corporate social responsibility, and comply with regulation. Finally,
cruise ship should conduct business ethically.
Background
Regal Cruises founded in 1993 discontinued its operations on April 18th, 2003. Although Regal
Cruise Lines headquarter in Miami, It registered in little regulation country, Liberia. It did not
consider itself U.S Company. During regular flight over the Caribbean Sea, U.S Coast Guard
identify that oil slick was coming from Regal ship. The Coast Guard official boarded the ship
and started investigation. But captain tried to convince the Coast Guard official that all pollution
treatment devices were working properly. The maintenance crew was tried to cover alterations of
the ship. He assured the investigators that system was the full compliance with the regulations.
Although the Coast Guard officials did not find direct evidence to a problem, they suspected that
crew had hidden the evidence. Coast Guard refused to leave the ship until Regal paid the
required bond. But Regal claimed that it did not violate any pollution law and U.S had no right to
search the ship because ship is not registered in the U.S.
The U.S government continued the investigation and controversy was brought up whether U.S
had Jurisdiction on the ship.

Use and abuse of Universal Jurisdiction
Under UK law, people accused of certain crimes including some war crimes may be prosecuted
in British courts even if they are not British and the alleged crimes did not take place in Britain.
It suggests that if a crime is committed in another country, the countries law should be followed
and they should follow the hosts judicial system. Thats why in that case U.S Coast Guard have
the right to investigate the Regal Ships because it sailed in the U.S territory and violated the U.S
law.
Liability due to lack of jurisdiction
We think that Regal was liable due to dumping the oil in the sea. Oil slicks have devastating and
long-term impact on ecosystem. Oil slick spread polycyclic aromatic hydrocarbons (PAHs),
which is difficult to clean up and sustain in the sediments in the long term, into the ocean.
Marine species constantly showing to PAHs have lots of problem such as development problem,
susceptibility to disease, and abnormal reproductive cycle. However, the degree of the marine
pollution is very severe than that caused periodically by accidents.
Also U.S should follow Jurisdiction against the regal ship because ship was sail in the U.S water.
So it should obey with the U.S law.


Responsible to the problem
We think Chief engineer is most responsible in this situation. He is liable to make sure that the
entire device is working properly.
Responsibility to environment when operating internationally
Environmental standard:
Cruise ship should maintain the good environmental standard when operate in the internationally
in order to preserve the ecosystem. Cruise ship should follow the International Council of Cruise
Lines (ICCL) mandatory environmental standard. The goal of this standard is to ensure that
cruise ship company practice the environmental altogether to preserve the marine environment
Local Economic benefits:
Cruise ship should not do anything that will adversely affect on the local economy. If cruise ship
pollutes the marine environment, ecosystem will be damaged. This will negatively affect on the
local economy. Many countries earn lots of foreign currency by collecting natural resources such
as fish from the ocean. If cruise ships damage the ecosystem, they countries will be depriving to
earn foreign currency.
Corporate social responsibility:
Cruise ships lines should act as a good corporate citizen. They should evaluate and take
responsibility for the companys activities on the environment and impact on social welfare. To
perform corporate social responsibility, Cruise ships have to spend in the short term that will not
bring immediate benefits but they will get the benefits in the long term. Cruise ship can adopt
environmental sustainability program.
Comply with regulation
If Cruise ships use another country territory for sailing the ship, it should comply with that
country countrys regulation. If any crime occurs during sailing through another countrys
territory, that country has the right to take legal action against the Cruise ship.
Ethical and Social responsibility Issue
I think it is ethical to register in little regulatory country. In this case cruise Ship Company can
minimize cost and maximize the profit. Company can take competitive position in the market.
However, cruise ship should adopt with another countrys legal system if it sail through that
countrys water.
References
http://www.cybercruises.com/inconemaenJun01.htm
http://blogs.jpost.com/content/use-and-abuse-universal-jurisdiction-1
http://www.maritimenz.govt.nz/Environmental/Oil-and-oily-waste/Oil-biological-impact.asp
http://en.wikipedia.org/wiki/Cruise_ship_pollution_in_the_United_States#Cruise_ship_waste_str
eams