The High Seas: Breaking Loose

From the 1950s to 1990, a cruise ship flying a U.S. flag had no gambling onboard. U.S. law applied — end of story. Of course, the law changed after the gambling ban left only three U.S.-registered ships.

The United States Flag Cruise Ship Competitiveness Act of 1991 made it legal for a U.S.-registered cruise ship to offer gambling once it made it to international waters. Since then, the U.S. cruise industry has been thriving. Aside from gambling, cruise ships typically offer inclusive alcohol packages as part of the price of an adult ticket, with only the cruise ship determining whether someone should be cut off. And considering no one onboard is going to be driving home, few people are cut off. (This, along with scalable railings, might account for a few of those 28 cruise-ship disappearances).

This legal leniency could extend beyond gambling. Technically, a cruise ship registered in the Netherlands, where prostitution is legal, could offer prostitution services while the ship was on the high seas (although Holland America doesn't do that). And a cruise ship registered where marijuana use is legal could allow passengers to smoke pot on board when it's in international waters — although it would run the risk of illegal smuggling between countries.

Baby On Board

When a baby is born on a cruise ship, the question of citizenship arises. This seldom happens, if ever, since cruise ships, like airlines, typically refuse to let a woman in her third trimester on board. But still, it's an interesting question. And like all other cruise ship laws, there's no cut-and-dried answer.

On a cruise ship, like on a plane, the simplest rule is that the baby's citizenship follows the parents. So if a Canadian tourist gives birth on a ship, the baby is Canadian. But of course, it's not always that simple. Technically, if that Canadian gives birth in U.S. territorial waters, U.S. internal waters, or on a U.S.-registered ship in international waters, the baby might be able to claim U.S. citizenship. The case would probably end up in court.

Sources

Congressman wants better data on cruise ship crime. Tampa Bay’s 10 (AP). http://www.tampabays10.com/news/local/article.aspx?storyid=26877
Crime on the High Seas. FBI.gov. May 22, 2006. http://www.fbi.gov/page2/may06/cruise_crime052206.htm
Cruise Ship Law Overview. Justia.com. http://www.justia.com/admiralty/cruise-ships/
Cruise Ship Safety Questioned After Alleged Rape. Sacramento News. November 6, 2006. http://www.kcra.com/news/10258276/detail.html
Does international law apply to individuals or states? International Law and Organization. March 10, 2005 http://academic.umf.maine.edu/~erb/classes/law6.htm
Outsourcing: A sea change. Asia Times Online. May 6, 2005. http://www.atimes.com/atimes/South_Asia/GE06Df02.html
Rose, I Nelson. Casinos on Cruise Ships, Why Not on Airplanes? Gaming Law Review. November 6, 2006. http://www.liebertonline.com/doi/pdf/10.1089/glr.2006.10.519?cookieSet=1
Schaffhauser, Dian. From Offshore to Ship-to-Shore. SourcingMag.com. April 5, 2005. http://www.sourcingmag.com/blog/archive/from_offshore_to_ship_to_shore.html
Weiner, Eric. Cruise Ship Crimes in International Waters. NPR.org. March 8, 2006. http://www.npr.org/templates/story/story.php?storyId=5251675

If I’m on a Cruise Ship, What Laws Do I Have To Adhere To?

The High Seas: Breaking Loose

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