As a result of the tragic grounding of the Costa Cruise Line ship M/S Concordia and resulting loss of life, U.S. House of Representative Transportation and Infrastructure Committee Chairman John L. Mica (R-FL) announced hearings to review cruise ship safety. Chairman Mica has determined the Committee should review the events of this incident and cruise ship safety measures and operating standards to ensure cruise transportation is as safe as possible. Inevitably the International Maritime Organization (IMO), which is the United Nations Agency regulating international shipping, will review the incident and may well propose amendments to the Safety of Life At Sea Convention (SOLAS), the primary international maritime safety treaty.

The periodic review of safety requirements is prudent, even when prompted by unfortunate events. It is also important that Congress also consider the international nature of shipping and the importance of consistent international regulations during this process. The United States does have jurisdiction to regulate certain activities of foreign ships calling on U.S. ports and sailing in U.S. waters. However, the Concordia’s itinerary did not involve any U.S. element and purely international cruise travel by Americans can best be influenced by the United States working with the I.M.O. to amend SOLAS.

It is also important that legislatures and regulatory agencies not react precipitously to this incident. Mica acknowledges that cruise travel is generally, “a safe form of transportation.” In fact, during the five-year period ending December 2010, the cruise industry carried approximately 100 million passengers — and although any fatality is tragic, 16 fatalities related to marine casualties occurred during that period.

The requirement that life boat/abandon ship passenger drills occur within 24 hours of the ship’s departure from the embarkation port would not have prevented the grounding, but the rule is likely to be a topic of review due to the criticism of the evacuation process in the press. This drill had not taken place on the Concordia when the grounding occurred which was within hours of leaving port. The current 24-hour rule applies under both U.S. law and SOLAS. This may be an issue regulatory agencies review to determine if such procedures should occur prior to the start of the voyage.

The operation of passenger ships is subject to substantial regulation from both the port states and the IMO through its various regulations under SOLAS and the International Safety Management Code.

The Concordia is a modern ship with the latest technology. Based on my experience in the industry, Costa’s parent, Carnival Corporation would certainly have in place necessary policies and procedures to implement charted ship itineraries. Regulations and policies and procedures, however, cannot completely eliminate human error and hubris. That is also why we have the deterrence of criminal laws. Based on what we know today, this incident should not have happened.

Review by Congress, the IMO and others should be focused on further reducing the potential for human error causing incidents such as the Concordia grounding. Because the necessary laws and regulations are generally in place today, the focus of these investigations should be on their reasonable enhancement and consistent enforcement

Robert Kritzman is a partner in the Miami office of the international law firm, K&L Gates. He practices corporate, international and maritime law. He was executive vice president and general counsel of Norwegian Cruise Line for 13 years.