Law of the Sea and the Pandemic—Humanitarian Principles under Siege?

2021 ◽  
Vol 39 (1) ◽  
pp. 78-90
Author(s):  
Joanna Mossop
Keyword(s):  
International Health ◽  
Law Of The Sea ◽  
International Health Regulations ◽  
Legal Principles ◽  
Cruise Ships ◽  
The Future ◽  
The Law ◽  
The Right ◽  
Health Regulations

Abstract In the COVID-19 pandemic two particular issues have arisen in relation to borders and the law of the sea: the right of ships—particularly cruise ships—to enter port and the ongoing restrictions on seafarers aboard merchant ships. In these cases, the sovereign interests of states in preventing the spread of a dangerous virus have been pitted against the humanitarian interests of those onboard the vessels. This article first describes the humanitarian concerns created by states’ responses to the emergence of COVID-19. It then discusses the various legal principles that apply to the situation, primarily the International Health Regulations, the doctrine of distress and the Maritime Labour Convention. Finally, it considers whether any lessons can be learned from this experience to hopefully lessen humanitarian problems if another pandemic happens in the future.

scholarly journals (Non) Compliance with the International Health Regulations of the WHO from the Perspective of the Law of International Responsibility

Global Jurist ◽  
2017 ◽  
Vol 18 (1) ◽  
Author(s):  
Andrea Spagnolo
Keyword(s):  
International Health ◽  
World Health ◽  
International Health Regulations ◽  
Member States ◽  
Viable Solution ◽  
Travel Restrictions ◽  
International Responsibility ◽  
The Law ◽  
Health Organization ◽  
Health Regulations

Abstract International Health Regulations (IHR) of the World Health Organization (WHO) are fundamental to ensure an adequate response of the international community to health emergencies such as the spread of the virus Ebola in 2014. This notwithstanding, WHO's Member States appear reluctant to comply with the IHR and in particular they violate the ban on unnecessary trade and travel restrictions. After having presented the lack of compliance with the IHR, the present article analyses the means at the disposal of the WHO for sanctioning the behaviour of its Member States, both from the perspective of WHO's internal rules and from the perspective of the law of international responsibility, evaluating if countermeasures might represent a viable solution. The conclusions will offer a broad reflection on the codification process of the rules on the responsibility of international organisations concluded by the International Law Commission in 2011.

scholarly journals The Navigational Rights of Nuclear Ships

2002 ◽  
Vol 15 (1) ◽  
pp. 251-265
Author(s):  
Marco Roscini
Keyword(s):  
Law Of The Sea ◽  
Radioactive Materials ◽  
The Law ◽  
The Right

Even though Article 23 of the 1982 Convention on the Law of the Sea explicitly acknowledges the right of innocent passage through the territorial sea to nuclear vessels, many coastal states have recently forbidden or submitted to authorization the passage of ships carrying radioactive materials: this reveals a trend towards a more restrictive concept of “innocent passage.” As to straits used for international navigation and archipelagic sea lanes, the ius communicationis is still prominent and every measure that might prejudice the navigational rights of nuclear ships would not be consistent with the Montego Bay Convention.

scholarly journals European Web-Based Platform for Recording International Health Regulations Ship Sanitation Certificates: Results and Perspectives

2018 ◽  
Vol 15 (9) ◽  
pp. 1833
Author(s):  
Varvara Mouchtouri ◽  
Diederik Van Reusel ◽  
Nikolaos Bitsolas ◽  
Antonis Katsioulis ◽  
Raf Van den Bogaert ◽  
...  
Keyword(s):  
Information System ◽  
Data Exchange ◽  
International Health ◽  
Water Quality Monitoring ◽  
Control Measures ◽  
World Health ◽  
Lower Probability ◽  
International Health Regulations ◽  
Eu Member States ◽  
Health Regulations

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.

scholarly journals The role of fishery supervisors and community participation to ensure the sustainable fisheries in Indonesia’s Exclusive Economic Zone

2021 ◽  
Vol 890 (1) ◽  
pp. 012068
Author(s):  
Maskun ◽  
H Assidiq ◽  
S N Bachril ◽  
N Al-Mukarramah
Keyword(s):  
Community Participation ◽  
Fishery Management ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Fish Resources ◽  
Effective Manner ◽  
Economic Zone ◽  
The Law ◽  
The Right

Abstract Indonesia has ratified the United Convention Law of the Sea of 1982 with the Law No. 17 of 1985 concerning the Ratification of United Nations Convention on The Law of the Sea 1982. It means that Indonesia has the right to use, conserve, and manage fish resources in the Indonesia’s Exclusive Economic Zone (IEEZ). To guarantee the optimal and sustainable management of Indonesian fish resources, the role of fishery supervisors and community participation in an efficient and effective manner is needed. Law enforcement in the field of fisheries is very important and strategic to support fishery development in accordance with the principle of fishery management, so that the sustainable development of fisheries can be done continuously. Therefore, the existence of legal certainty is absolutely necessary to support fishery management in Indonesia.

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