scholarly journals Any Port in a Pandemic: International Law and Restrictions on Maritime Traffic during the COVID-19 Pandemic

Author(s):  
JUSTIN OKERMAN ◽  
BARBARA VON TIGERSTROM

Abstract The current international framework that purports to regulate the spread of communicable disease in the context of maritime traffic is a fragmented, internally inconsistent, and inadequately enforced patchwork of treaties (including the International Health Regulations (2005)) and customary international law. The COVID-19 pandemic has tested the current framework and revealed it to be inadequate to deal with a major global health emergency. States have imposed or failed to impose varying control measures, the effects of which have been witnessed on board passenger vessels around the world. The cruise industry, in particular, has a significant global economic impact; therefore, appropriate, enforceable international regulation is necessary to ensure the adequate control of future communicable disease outbreaks.

Author(s):  
Sara E. Davies

In a world of fast-paced, globalised travel and trade, early detection of communicable disease outbreaks has become ever more important to prevent the rapid spread of disease. To facilitate surveillance and reporting, detection and communication must be as fast paced as the movement of the outbreak. This sense of urgency has prompted a pivot to technology as the best solution to keep up with the spread of disease. Reliance on a variety of state and nonstate informants with access to surveillance platforms to report potential disease outbreak events to the World Health Organization (WHO) has led to its formal recognition in the revised International Health Regulations (IHRs). However, as this chapter discusses, the inclusion of nonstate reports in disease surveillance and reporting remains a practical and political challenge.


2015 ◽  
Vol 43 (S2) ◽  
pp. 49-56
Author(s):  
Polly J. Price

These teaching materials explore the specific powers of governments to implement control measures in response to communicable disease, in two different contexts:The first context concerns global pandemic diseases. Relevant legal authority includes international law, World Health Organization governance and the International Health Regulations, and regulatory authority of nations.The second context is centered on U.S. law and concerns control measures for drug-resistant disease, using tuberculosis as an example. In both contexts, international and domestic, the point is to understand legal authority to address public health emergencies.


Author(s):  
Varvara Mouchtouri ◽  
Diederik Van Reusel ◽  
Nikolaos Bitsolas ◽  
Antonis Katsioulis ◽  
Raf Van den Bogaert ◽  
...  

The purpose of this study was to report the data analysis results from the International Health Regulations (2005) Ship Sanitation Certificates (SSCs), recorded in the European Information System (EIS). International sea trade and population movements by ships can contribute to the global spread of diseases. SSCs are issued to ensure the implementation of control measures if a public health risk exists on board. EIS designed according to the World Health Organization (WHO) “Handbook for Inspection of Ships and Issuance of SSC”. Inspection data were recorded and SSCs issued by inspectors working at European ports were analysed. From July 2011–February 2017, 107 inspectors working at 54 ports in 11 countries inspected 5579 ships. Of these, there were 29 types under 85 flags (including 19 EU Member States flags). As per IHR (2005) 10,281 Ship Sanitation Control Exception Certificates (SSCECs) and 296 Ship Sanitation Control Certificates (SSCCs) were issued, 74 extensions to existing SSCs were given, 7565 inspection findings were recorded, and 47 inspections were recorded without issuing an SSC. The most frequent inspection findings were the lack of potable water quality monitoring reports (23%). Ships aged ≥12 years (odds ratio, OR = 1.77, 95% confidence intervals, CI = 1.37–2.29) with an absence of cargo at time of inspection (OR = 3.36, 95% CI = 2.51–4.50) had a higher probability of receiving an SSCC, while ships under the EU MS flag had a lower probability of having inspection findings (OR = 0.72, 95% CI = 0.66–0.79). Risk factors to prioritise the inspections according to IHR were identified by using the EIS. A global information system, or connection of national or regional information systems and data exchange, could help to better implement SSCs using common standards and procedures.


2017 ◽  
Vol 22 (24) ◽  
Author(s):  
Rosa M López-Gigosos ◽  
Marina Segura ◽  
Rosa M Díez-Díaz ◽  
Isabel Ureña ◽  
David Urzay ◽  
...  

The international maritime traffic of people and goods has often contributed to the spread of pathogens affecting public health. The Maritime Declaration of Health (MDH), according to the International Health Regulations (IHR) (2005), is a document containing data related to the state of health on board a ship during passage and on arrival at port. It is a useful tool for early detection of public health risks. The main objective of our study was to evaluate compliance with the model provided in the IHR, focusing on the format and degree of completion of MDH forms received at Spanish ports. We reviewed the content of 802 MDH forms submitted to nine Spanish ports between October 2014 and March 2015. Study results show that 22% of MDH forms presented did not comply with the recommended model and 39% were incomplete. The proportion of cargo ships with correct and complete MDH forms was lower than passenger ships; thus, the nine health questions were answered less frequently by cargo ships than passenger ships (63% vs 90%, p value < 0.001). The appropriate demand and usage of MDH forms by competent authorities should improve the quality of the document as a tool and improve risk assessment.


Author(s):  
Magdalena M. Kraaij-Dirkzwager ◽  
Lianne G. C. Schol ◽  
Tjerk Jan Schuitmaker-Warnaar ◽  
Aura Timen ◽  
Jim E. Van Steenbergen

Infectious diseases remain a threat to public health, requiring the coordinated action of many stakeholders. Little has been written about stakeholder participation and approaches to sharing information, in dynamic contexts and under time pressure as is the case for infectious disease outbreaks. Communicable-disease specialists fear that delays in implementing control measures may occur if stakeholders are not included in the outbreak-management process. Two case studies described in this article show how the needs of stakeholders may vary with time and that early sharing of information takes priority over shared decision-making. The stakeholders itemized their needs and potential contributions in order to arrive at the collective interest of outbreak management. For this, the results suggest the potential for improvement through development of “network governance” including the effective sharing of information in large networks with varying needs. Outbreaks in which conflicting perceptions may occur among the stakeholders require particular attention.


2021 ◽  
Vol 18 (3) ◽  
pp. 307-334
Author(s):  
Gian Luca Burci ◽  
Jennifer Hasselgård-Rowe

Abstract Transposing rule of law principles from the national to the international level, in particular to international organizations, still raises questions and can be problematic. However, rule of law considerations play an important role when international organizations exercise a substantial amount of public authority and may directly affect states as well as individuals. The World Health Organization (WHO), unlike other international organizations, has a constitutional mandate to prevent and respond to international acute emergencies in the form of disease outbreaks and pandemics. Its main normative tool is the 2005 International Health Regulations (IHR), that represent a breakthrough from past instruments but also raise questions and challenges that can be effectively analyzed from a rule of law perspective. This approach applies in particular to ambiguities in important parts of the IHR affecting their relevance and effectiveness; lack of clarity for processes leading to sensitive executive decisions; the absence of compliance assessment mechanisms resulting in lack of accountability for states parties; and an inadequate inclusion of human rights guarantees. The analysis is extended beyond WHO’s functions, to the impact of COVID-19 on the organization’s governance as well as its internal management.


The International Health Regulations (IHR) is a worldwide legitimate instrument appropriate to all WHO part nations and came into power in 2007. The goal of the IHR is to forestall global spread of malady by empowering part nations experience limit working for early identification, revealing and taking control measures against any general wellbeing crises of worldwide concern. The advancement of general wellbeing framework for gathering IHR standards should enable India to build up its reconnaissance, reaction and readiness limits which would improve results of its general wellbeing projects and help contain flare-ups. The present analysis was made through random sampling method where the survey was taken from common public, professionals, etc. The sample size in the present analysis is 1895 samples, the independent variable is in the analysis is gender and the dependent variables is reliable on the statement.The research tools used in the present paper such as cross tabulation, chi-square and case summary and graphical representation was also used to analyse the study. The study found that India faces difficulties in gathering its developing requirements for prepared disease transmission experts of a restorative foundation, entomologists, nourishment investigators and other pro staff occupied with general wellbeing observation exercises. It can be concluded that India ought to likewise not be content with gathering fundamental IHR standards but rather ought to endeavor to accomplish propelled abilities allowing it to help its neighboring nations with restricted general wellbeing foundation in gathering their IHR objectives.


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