Prevention and Control of COVID-19 Pandemic on International Cruise Ships: The Legal Controversies

Abstract

During the COVID-19 pandemic in 2020, a number of international cruise ships were infected, thereby resulting in serious public health and human rights problems. Multiple difficulties were encountered in the prevention and control of the coronavirus disease onboard ships, while rule-based international cooperation in this regard appeared inefficient and ineffective. By applying interdisciplinary methodologies, including empirical research of law, policy science, and health studies, this research reviewed the legal difficulties in the prevention and control of COVID-19 on international cruise ships and sought solutions from a policy-making and strategic perspective. We found that, apart from the inherent nature of cruise ships such as crowded semi-enclosed areas, shared sanitary facilities and limited medical resources, there are also nonnegligible legal reasons affecting the effectiveness of containment measures on board. In particular, there is ambiguity and even inconsistency of relevant international norms and domestic regulations, and some of the key rules are neither mandatory nor enforceable. We conclude by suggesting that rule-based international cooperation on this issue must be strengthened with respect to information sharing and management, a more effective supervisory mechanism, clarification of key rules over jurisdiction and distributions of obligations among the port states, flag states, nationality states, and cruise ship companies.

Systematic Review on Outbreaks of SARS-CoV-2 on Cruise, Navy and Cargo Ships

“…Nevertheless, given the fact that test capacities are limited or varying at each port to call at and many SARS-CoV-2 infections proceed asymptomatically, hygiene measures on ships like hand hygiene, wearing face coverings, and social distancing should be strengthened in infection prevention on any type of ship [ 78 , 79 , 80 ]. Moreover, in the future, the cruise industry should consider rethinking the design of ventilation systems and equip cruise ships accordingly [ 81 ]. Especially because heating, ventilation and air-conditioning (HVAC) systems might have an additional impact in decreasing the airborne transmission of SARS-CoV 2 [ 82 ].…”

“…Additionally, countries can take supplementary health measures, given that such measures are based on available scientific evidence or advice from the World Health Organization (WHO, Geneva, Switzerland) [ 88 ]. As a result, decisions on health risks of concerned persons require sufficient scientific evidence, otherwise further interventions introduced by an individual country will be refuted by other parties [ 81 ]. Further discussions on the legal controversies and inconsistencies of international norms and national regulations can be assessed from Zhang and Wang [81 who claimed for a strengthened international cooperation based on rules including the exchange of information and management practices, more supervisory instruments, an amplification of key rules and distributions of obligations of different parties like port and flag states, national states, and companies.…”

“…In addition, reducing the passenger manifest should also be considered. Further protective barriers can be introduced as well to maintain safe interactions between crew members and passengers [ 78 ] and supplemented with future research on the design of ventilation systems [ 81 ].…”

Innovation in Coping with the COVID-19 Pandemic: The Best Practices from Five Smart Cities in Indonesia

“…The same idea was then implemented in another island in Indonesia, Belitung. The idea of using a ship has in fact been applied in the USA and Japan where several liners are used for the same purpose [43,44]. Different measures taken by Makassar City to strengthen the health system are in line with the Sendai Framework for disaster risk reduction.…”

Riesgos y recomendaciones para viajar seguro durante la pandemia provocada por el virus SARS-CoV-2: México

“…18 Se ha demostrado que el virus SARS-CoV-2 es estable en partículas en el aire con una vida media de más de una hora, por lo que puede ser inhalado por individuos susceptibles, causando infección y propagación de la enfermedad. 19 Los cruceros pueden considerarse como espacios con alta densidad de población, siendo los suministros alimentarios compartidos y los entornos de vida semicerrados donde la propagación de enfermedades infecciosas se produce con relativa facilidad.…”