The Legal and Ethical Environment of Business – MGM365-0701A-04
2007
The pending Lowell v. DWI clearly deals with both Private and Public Law. “A Private Law is a contract between two individuals.” (Jennings p. 4) In this case the Private Law was a contract that came into being between Mr. & Mrs. Lowell and DWI booked and or signed the registration forms for their cruise. At the time of booking Mr. & Mrs. Lowell were promising to pay a certain amount of money in exchange of the pleasure of taking a relaxing vacation. By doing do they agreed to the term and regulations of this agreement; entrusting their well being to the cruise ship. DWI also made a promise to look out for the best interest of their client in the forms of comfort, security and safety. “The cruise industry’s highest priority is to ensure the safety and security of its passengers, crew and vessels. The industry has an enviable record when it comes to security and safety and in 1995; the U.S. Coast Guard emphasized that record when stating that passenger vessels are among the safest mode of transportation.” (CLIA) Furthermore; the Private Law also exists between the employees (crew members) and their employers (DWI). Cruise ship employers take steps to ensure that their employees that they intend or will hire are screened. “Each crewmember holds a U.S. seafarers visa and has thus undergone a U.S. State Department background check prior to visa issuance.” (CLIA) The Public Law is the laws that are set by the governing bodies to ensure that guidelines are being followed at the state and congressional level. Public Laws also have a role to play in the operation of national and international companies. Although the consumer protection laws can fit nicely into this situation; at this level the laws that we are going to consider will be treaties that have been signed between different countries. “Maritime Law is a body of law governing navigation and shipping.” (Legal) This law helps to regulate the standards on the international shipping business. Keeping this in mind, we should be able to understand that the shipping companies must adhere to certain regulations, whether it’s the construction style of the vessels or the route that they sale. Flag of Convenience dictates that whatever flags a ship is flying, they will have to abide by the rules or fall under that jurisdiction of that particular country. However; according to the Legal-Database under Admiralty law, “a court could still exercise jurisdiction over” a ship that has or has a passenger/crewmember that has broken the law in some way. The treaty between Liberia and the U.S. states that “It is agreed that the Government of the United [*2] States and the Government of the Republic of Liberia shall, upon requisition duly made as herein provided, deliver up to justice any person who may be charged with, or may have been convicted of, any of the crimes or offenses specified in Article II of the present Treaty.” The case of Lowell v. DWI will definitely fit this category because the defendants were victims of murder, robbery and assault. Not to mention that the crime was committed at sea. The U.S. has the right to request extraditions of these to criminals from Liberia if they were there. However; they left the ship in the Cayman Islands. The Cayman Islands has also signed a treaty with other countries allowing extraditions. Article 3 - subparagraph 3 of the International Extradition Treaty states that “extradition shall also be granted for the offense of impeding the arrest or prosecution of a person who has committed an offense for which extradition may be granted under this Article and which is punishable under the laws of both Parties by imprisonment or other form of detention for a period of five years or more.” (McNabb) This
