The captain of the vessel should have complete say in go / no go on the voyage. This opinion question may be asking for legislation, but maritime law already exists that makes the captain ultimately responsible, Perhaps some statement of or limit to liability might be in order, but that may be another question.
That's probably one of the main reasons of death at sea nowadays. If think that ferries are sinking, I think that says it all by itself. I think it should be prevented, even by law if it comes to that. It would be a little surprising if a captain of a ferry that sank would definitely be charged against it. It's unruly!