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.

摘要

COVID-19 大流行暴露了国际法规定的已经令人不安的“方便旗”做法的其他弱点；邮轮客运业受到的影响尤其大。大多数因大流行而陷入困境的游轮几乎没有得到船旗国的援助，许多船只被拒绝进入非船旗国的港口（无论船上是否记录了疫情）。国家和船舶在特殊情况下缺乏明确的权利和责任指导，导致对危险情况的反应效率较低。本文回顾了有关港口和船旗国对遇难船舶的责任的国际法现状，并建议设立船旗国医疗责任以帮助澄清未来健康危机期间的决策。