[Download] "Foreign Flagged Cruise Ships and the Americans with Disabilities Act." by Ethical and Regulatory Issues Journal of Legal " Book PDF Kindle ePub Free
eBook details
- Title: Foreign Flagged Cruise Ships and the Americans with Disabilities Act.
- Author : Ethical and Regulatory Issues Journal of Legal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 286 KB
Description
ABSTRACT The Americans with Disabilities Act of 1990 (ADA) is applicable to businesses in the United States, and, generally, not applicable to businesses outside of the country. But is the ADA applicable to foreign flagged cruise ships docked at U.S. ports? While general statutes, such as the ADA, are presumed to apply to conduct that takes place aboard a foreign-flag vessel in United States territory if the interests of the United States or its citizens are at stake, if instead interests internal to the ship are at stake, then the "clear statement rule" requires Congress to clearly state that the law is to be applied in such a manner. Absent a clear statement by Congress, a law cannot be applied if it would affect the internal operations of the business, such as those relating to matters of internal order and discipline. In Spector v. Norwegian Cruise Line, LTD the Supreme Court held that Title III of the ADA may apply to foreign flagged cruise ships departing from, and returning to, ports in the United States. The plurality opinion concluded that the ADA lacks a sufficiently clear statement that it applies to the internal affairs of foreign vessels, at least insofar as it could be read to require structural changes that might conflict with international legal obligations or pose a real threat to the safety of the crew or other passengers. However, the plurality determined that the clear statement rule does not render Title III entirely inapplicable to foreign vessels, concluding instead that the statute applies to foreign ships to the extent to which it does not bear on their internal affairs. This paper will discuss the ADA and the cruise industry, and the likely effects of this decision.