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Same-sex marriages on cruises - not to be too overjoyed as yet!


Sooksripaisarnkit, P, Same-sex marriages on cruises - not to be too overjoyed as yet!, Daily Cargo News, Paragon Media, Australia, 16 October 2017 (2017) [Magazine Article]

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On 11 October 2017, there was good news for same-sex couples from Lisa Lutoff-Perlo, the CEO of Celebrity Cruises. Celebrity Cruises, whose vessels in their fleet fly the Maltese flag, are offering same-sex marriage services understood to be legal under Maltese law. Captains are to conduct ceremonies at sea, i.e. in international waters. It is true that international waters are areas beyond the reach of the law of any country. Article 92(1) of the United Nations Convention on the Law of the Sea 1982 (UNCLOS) provides:

"Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry".

Or as some made an analogy, ships are like ‘floating islands’ of the countries whose flag they fly. It is true that such marriage will be legal under the law of Malta. Yet, Australian same sex couples should not be too overjoyed. The problem is: will such marriage, which is legal under the law of Malta, be recognised in Australia?

Item Details

Item Type:Magazine Article
Keywords:cruise ship, same sex marriage
Research Division:Commerce, Management, Tourism and Services
Research Group:Other commerce, management, tourism and services
Research Field:Other commerce, management, tourism and services not elsewhere classified
Objective Division:Transport
Objective Group:Water transport
Objective Field:Domestic passenger water transport (e.g. ferries)
UTAS Author:Sooksripaisarnkit, P (Dr Poomintr Sooksripaisarnkit)
ID Code:125081
Year Published:2017
Deposited By:Maritime and Logistics Management
Deposited On:2018-03-27
Last Modified:2019-09-18

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