Cruise Ships, COVID-19, and Port/Flag State Obligations. (3rd July 2021)

• Record Type: Journal Article
• Authors: Tirrell, Andrew; Mendenhall, Elizabeth
• Is Part Of: Ocean development and international law. Volume 52:Number 3(2021)
• Page Start: 225
• Page End: 238
• Publication Date: 2021-07-03
• Subjects: COVID-19 -- flag of convenience -- flag state -- IMO -- law of the sea -- port state -- UNCLOS; Law of the sea -- Periodicals; Marine resources conservation -- Law and legislation -- Periodicals; 341.45
• DOI: 10.1080/00908320.2021.1913323
• Languages: English
• ISSNs: 0090-8320

Abstract

Abstract: The COVID-19 pandemic has exposed additional weaknesses of the already troubling "flag of convenience" practices under international law; the passenger cruise industry was especially impacted. Most cruise ships under distress from the pandemic received little aid from their flag states, and many vessels were denied entry into ports of nonflag states (regardless of whether an outbreak had been documented onboard). States and vessels lacked clear guidance around their rights and responsibilities under the extraordinary circumstances, resulting in a less efficient response to a dangerous situation. This article reviews the current status of international law concerning port and flag state duties to distressed vessels, and suggests the creation of flag state medical liability to help clarify decision-making during future health crises.