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Legal issues and challenges in addressing the coronavirus outbreak on large cruise ships: A critical examination of port state measures

International cruises have drawn worldwide attention since the outbreak of coronavirus (COVID-19). This article first examines the legal issues, challenges and impact of the pandemic on large cruise ships, like the Diamond Princess, and then probes into corresponding pandemic preventive measures whi...

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Autores principales: Sun, Siqi, Zhao, Lijun Liz
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Elsevier Ltd. 2022
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8686689/
https://www.ncbi.nlm.nih.gov/pubmed/34955616
http://dx.doi.org/10.1016/j.ocecoaman.2021.105995
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author Sun, Siqi
Zhao, Lijun Liz
author_facet Sun, Siqi
Zhao, Lijun Liz
author_sort Sun, Siqi
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description International cruises have drawn worldwide attention since the outbreak of coronavirus (COVID-19). This article first examines the legal issues, challenges and impact of the pandemic on large cruise ships, like the Diamond Princess, and then probes into corresponding pandemic preventive measures which port states employ. A State is obliged under the International Health Regulations 2005 (IHR) to grant foreign cruise ships free pratique, but there is an exception when public health emergencies of international concern occur. Therefore, this article argues that a port state is not obliged to allow foreign cruise ships to dock at its port at the cost of its domestic public health safety. Regarding the Diamond Princess, the Japanese government has undertaken pandemic preventive measures upon passengers on board the ship and complied with its domestic laws, including the Japanese Quarantine Act. This article further evaluates whether a port state's pandemic preventive measures concerning cruise ships are appropriate from the perspective of law. More importantly, it is necessary to consider the characteristics and specialities of international cruise ships to improve future pandemic preventive measures against large passenger ships and cruise passengers.
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spelling pubmed-86866892021-12-21 Legal issues and challenges in addressing the coronavirus outbreak on large cruise ships: A critical examination of port state measures Sun, Siqi Zhao, Lijun Liz Ocean Coast Manag Article International cruises have drawn worldwide attention since the outbreak of coronavirus (COVID-19). This article first examines the legal issues, challenges and impact of the pandemic on large cruise ships, like the Diamond Princess, and then probes into corresponding pandemic preventive measures which port states employ. A State is obliged under the International Health Regulations 2005 (IHR) to grant foreign cruise ships free pratique, but there is an exception when public health emergencies of international concern occur. Therefore, this article argues that a port state is not obliged to allow foreign cruise ships to dock at its port at the cost of its domestic public health safety. Regarding the Diamond Princess, the Japanese government has undertaken pandemic preventive measures upon passengers on board the ship and complied with its domestic laws, including the Japanese Quarantine Act. This article further evaluates whether a port state's pandemic preventive measures concerning cruise ships are appropriate from the perspective of law. More importantly, it is necessary to consider the characteristics and specialities of international cruise ships to improve future pandemic preventive measures against large passenger ships and cruise passengers. Elsevier Ltd. 2022-02-15 2021-12-20 /pmc/articles/PMC8686689/ /pubmed/34955616 http://dx.doi.org/10.1016/j.ocecoaman.2021.105995 Text en © 2021 Elsevier Ltd. All rights reserved. Since January 2020 Elsevier has created a COVID-19 resource centre with free information in English and Mandarin on the novel coronavirus COVID-19. The COVID-19 resource centre is hosted on Elsevier Connect, the company's public news and information website. Elsevier hereby grants permission to make all its COVID-19-related research that is available on the COVID-19 resource centre - including this research content - immediately available in PubMed Central and other publicly funded repositories, such as the WHO COVID database with rights for unrestricted research re-use and analyses in any form or by any means with acknowledgement of the original source. These permissions are granted for free by Elsevier for as long as the COVID-19 resource centre remains active.
spellingShingle Article
Sun, Siqi
Zhao, Lijun Liz
Legal issues and challenges in addressing the coronavirus outbreak on large cruise ships: A critical examination of port state measures
title Legal issues and challenges in addressing the coronavirus outbreak on large cruise ships: A critical examination of port state measures
title_full Legal issues and challenges in addressing the coronavirus outbreak on large cruise ships: A critical examination of port state measures
title_fullStr Legal issues and challenges in addressing the coronavirus outbreak on large cruise ships: A critical examination of port state measures
title_full_unstemmed Legal issues and challenges in addressing the coronavirus outbreak on large cruise ships: A critical examination of port state measures
title_short Legal issues and challenges in addressing the coronavirus outbreak on large cruise ships: A critical examination of port state measures
title_sort legal issues and challenges in addressing the coronavirus outbreak on large cruise ships: a critical examination of port state measures
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8686689/
https://www.ncbi.nlm.nih.gov/pubmed/34955616
http://dx.doi.org/10.1016/j.ocecoaman.2021.105995
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