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Ritucci Chinni

Ritucci Chinni

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Published by: AirB13 on Nov 17, 2009
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07/06/2010

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ITUCCI
-C
HINNI
6/25/20096:25:12PM
27
THE SOLUTION TO INTERNATIONAL CRUISESHIP POLLUTION: HOW HARMONIZING THEINTERNATIONAL LEGAL REGIME CAN HELPSAVE THE SEAS
A
LEXANDRA
ITUCCI
-C
HINNI
*
 Due to the continued growth of the international cruise ship industry, its activities at  sea impose an escalating threat to the environment. The International MaritimeOrganization, and international legal regimes such as MARPOL 73/78 and the United  Nations Convention on the Law of the Sea, sought to address cruise ship pollution. However, these international regimes need to be harmonized to promote what each isultimately trying to achieve: protection of the world’s oceans to ensure their viability for the present and future. The international laws currently in place are the guideposts for all nations and are the only means to effectively regulate the cruise ship industry. Blackwater, graywater, oily bilge water, ballast water, and other wastes discharged  from cruise ships must be restricted to limit the threat that they pose to the sustainability of the seas and the global environment as a whole. By amending eachtreaty separately in ways that acknowledge and support one another, the regulation of  pollution from the cruise ship industry can be conducted in a manner that betterrespects the limited capacity of the sea to assimilate waste and regenerate natural resources.
I.I
 NTRODUCTION
.........................................................................................28II.T
HE
I
 NTERNATIONAL
C
RUISE
S
HIP
I
 NDUSTRY AND
I
TS
E
FFECTS
...........31A.Magnitude of the Industry.........................................................31B.Effects of Cruise Ships on the Marine Environment.................321.Blackwater...........................................................................322. Graywater..............................................................................333.Oily Bilge Water..................................................................344.Ballast Water.......................................................................345.Solid Waste..........................................................................35III.I
 NTERNATIONAL
EGULATIONS
G
OVERNING THE
C
RUISE
S
HIP
I
 NDUSTRY AND
T
HEIR 
S
HORTCOMINGS
............................................36A.International Maritime Organization.........................................36B.MARPOL 73/78........................................................................37C.UNCLOS and its Relation to MARPOL 73/78.........................431.Open Registry of Ships........................................................44
*Alexandra Ritucci-Chinni is a class of 2009 candidate for the Juris Doctor degree at FloridaCoastal School of Law. She received her B.A. in History from the University of Florida in 2006.The author would like to thank her family and loved ones for always supporting her and Professor Randall S. Abate for encouraging her writing and being her mentor.
 
ITUCCI
-C
HINNI
-0 6/25/20096:25:12PM
28
THE DARTMOUTH LAW JOURNAL
Vol. VII:1
2.Jurisdiction...........................................................................453.Enforcement of Pollution Violations...................................47IV.T
HE
I
 NTERNATIONAL
S
OLUTION
............................................................50A.The Role of the IMO.................................................................50B.Amendments to UNCLOS.........................................................51C.Amendments to MARPOL........................................................52D.Other Proposals to Promote Harmonization..............................55V.C
ONCLUSION
...........................................................................................59I.I
 NTRODUCTION
Think back to a time before modern technology and transportationwere integral parts of everyday life. Before travel by air and automobileswere popular, ships transported people, information, and goods across theglobe. Although ships had been used for global voyages for hundreds of years, transatlantic passenger services did not become a thriving industryuntil the end of the nineteenth century, when immigration from Europe tothe United States increased.
1
Luxurious ships like White Star Line’s
Titanic
and Cunard Line’s
 Mauretania
provided lavish accommodations for  passengers and catered to travelers’ needs as ships had never before.
2
World War I and II cut short the era of success for these ocean linerswhen countries used them to transport troops.
3
The industry was further crippled shortly after the end of World War II when jet airplanes gave birthto the air transport industry.
4
By 1958, the majority of people traveled byair rather than by sea,
5
and today only a few ocean liners still cross theAtlantic Ocean.
6
However, an industry providing transport by sea did notvanish.In the wake of magnificent ocean liners, decadent cruise ships
1
Timothy J. Runyan,
Ship
, http://encarta.msn.com/encyclopedia_761571524_7/Ship.html#p85 (last visited Mar. 4, 2008).
2
Id.
The
 Mauretania
’s maiden voyage was in 1906 and Cunard Line became the first to build ocean liners with steam turbines, which increased the rate of travel and attracted moretravelers.
 Id.
The
Titanic,
sailing under British registry as a part of White Star Line, a United States’ owned company, set sail on its maiden voyage in 1912, but sank a few days later after hitting an iceberg.
Titanic
Disaster, http://encarta.msn.com/encyclopedia_761564059/Titanic_Disaster.html (last visited Mar. 4, 2008).
3
Runyan,
 supra
note 1.
4
Id.
5
In 1958, “the Boeing 707 began the first U.S. jet transport service between the United States and Europe” thereby undercutting industry of transatlantic travel on the seas. ImportantDates in Aviation History, http://www.b26.com/page/aviation_dates.htm (last visited Mar. 4,2008).
6
Runyan,
 supra
note 1.
Queen Elizabeth 2
and 
Queen Mary 2
, both ships from Cunard Line,are the only ocean liners that presently cross the Atlantic Ocean.
 
ITUCCI
-C
HINNI
6/25/20096:25:12PM
Winter 2009
INTERNATIONAL CRUISE SHIP POLLUTION 
29
emerged in their place and have enjoyed continued popularity since the1960s.
7
Cruise ships have developed greatly from their ancestor fleets of ocean liners. In the twenty-first century, they carry three to five thousand  passengers each as compared to the few hundred passengers that oceanliners accommodated.
8
Modern-day cruise ships additionally entertain passengers with luxuries and attractions such as onboard casinos, theaters,golf courses, ice-skating rinks, rock-climbing walls, shopping malls, and spas.
9
Since companies spend up to $800 million building and outfitting eachof these ships, one imagines that they must be highly efficient, respectable,and environmentally safe modes of transport.
10
However, this thought is amisconception to say the least. With over 255 traveling throughout theworld, Cruise ships are a huge contributor to the destruction of its solevenue: the seas.
11
With ten million people each year travel aboard cruise ships across theworld, one must ask: where do the waste and byproducts of their seaexcursions go?
12
Much of it ends up being released into the ocean therebyleaving a “trail of waste includ[ing] oily bilge water, sewage, graywater. ..ballast water, solid waste, and chemicals” behind them.
13
Whereas passengers return to their homes after their voyages with lastingimpressions of the splendor and opulence of cruise travel, the ocean is leftmarred and soiled with scraps of last night’s dinner, dirty shower water,and human waste among other harmful pollutants.
14
Due to the continued growth of the international cruise ship industry,its activities at sea impose an escalating threat to the environment.
15
Moreexplicitly, “Oceans are not, as once imagined, inexhaustible resources, sovast that human activity can barely make a dent. In fact, the evidence is justthe opposite.”
16
Such evidence has spurred action in the international arena.The creation of the International Maritime Organization
17
and international
7
Runyan,
 supra
note 1.
8
Id.
9
Id.
10
Id.
11
Eric V. Hull, Comment,
Soiling the Sea: The Solution to Pollution is Still Dilution
, 3B
ARRY
L.
EV
. 61, 65 (2002).
12
Tasha J. Power, Comment,
Vessel-Based Pollution: Major Developments in 2004
,16:2004C
OLO
J.I
 NT
L
E
 NVTL
.L.&P
OL
Y
153,154(2004).
13
Id.
14
Id.
15
Andrew Schulkin,
Safe Harbors: Crafting an International Solution to Cruise Ship Pollution
, 15 G
EO
.I
 NT
L
E
 NVTL
.L.R 
EV
. 105, 113 (2002).
16
Reviving Our Oceans, http://www.nrdc.org/water/oceans/policy.asp (last visited Mar. 6,2008).
17
International Maritime Organization, http://www.imo.org/ (last visited April 14, 2008).

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