Lloyd's Maritime and Commercial Law Quarterly
SPECTOR OF DOUBT: SUPREME COURT RAISES UNCERTAINTY OVER APPLICATION OF US LAW TO FOREIGN FLAG VESSELS
Spector v. Norwegian Cruise Line
Does an American law mandating equal access for the physically challenged apply to foreign flag vessels operating out of US ports? Under what principles of law, admiralty or otherwise, does one decide the extent to which vessels flying under another nation’s flag must comply with US statutes? The United States Supreme Court has recently grappled with these controversial issues in Spector Ltd
v. Norwegian Cruise Line Ltd
.1
Whilst the highest court in the US issued a decision, the case is far from over, as it was decided to remand the case for further proceedings. Although the lawsuit was strictly limited to the application of the Americans with Disabilities Act (“ADA”) to foreign flag cruise ships operating out of US ports with primarily Americans as passengers, at stake are fundamental principles of just how much one nation can impose its will upon the vessels of another sovereign state.
Mr Spector is a physically challenged individual, and he brought a class action designed to compel the cruise line to modify their cruise ships to bring them into compliance with ADA, a US law mandating that places of public accommodation be designed or re-engineered, if feasible, to permit equal or at least improved access for the disabled. If this defendant had been purely a US entity in its origins and its business, there is no doubt the ADA would fully apply. But more intense scrutiny was required to determine the nationality of this cruise line (and no doubt will be the case with others like it).
CASE AND COMMENT
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