Legal regulation of merchant ships entering foreign ports in conditions of the Covid-19 pandemic

Occupation: Professor of the Transport Law Department, Institute of Law, Russian University of Transpor
Affiliation: Russian University of Transport
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 7

Pages

100-110

Abstract

One of the most significant challenges that modern human civilization has faced in recent centuries is the pandemic of a new coronavirus infection, which in early 2020 covered almost the entire world in just a few months. As a result, many sectors of the world economy were seriously affected, and international shipping was no exception. Since sea vessels visit foreign ports in the course of their activities, the chain reaction of their closure by coastal States has caused very significant problems both for ship owners and for the people on board (crew members and passengers). Especially severe consequences of the real "blockade" of foreign ports were felt by passenger cruise ships, which the authorities of foreign ports began to refuse to enter and disembark passengers. The article analyzes the practice of foreign and Russian ports in the context of the pandemic, which differs significantly. In some seaports, a relatively liberal regime has been introduced, including the provision of additional sanitary and epidemiological information in advance by the ship, the implementation of non-contact thermometry of crew members and passengers, the requirement to wear medical masks, etc. Other ports refuse entry to foreign vessels at all, at best they are quarantined, and crew members and passengers are forbidden to go ashore during the incubation period (about two weeks). The author notes that the majority of Russian ports during the coronavirus pandemic were limited to the introduction of contactless thermometry of crew members and passengers and / or compliance with the mask regime. In order to justify the legality of the restrictive measures taken by coastal States, the concept of freedom of access of vessels to foreign ports and the right of emergency call is studied. The legal regime of seaports as an integral part of the internal sea waters of a coastal state is determined by its legislation, however, taking into account the norms of international law. Each state has the right to decide on its own whether to open its ports of call to foreign vessels. At the same time, modern practice shows that in the interests of economic development and maintaining trade relations with other countries, coastal States keep their ports open for the international shipping. The concept of freedom of access of vessels to foreign ports has been widely reflected both in the doctrine of international law, presented by the publications of prominent domestic and foreign scientists, and in national legislation. According to the author, the restrictive measures taken by the port authorities during the pandemic are justified from the point of view of sanitary and epidemiological protection of the population. If the state imposes a regime of self-isolation for its own citizens, then it seems that similar measures will be lawful for foreign citizens arriving at ports by sea. The concept of freedom of access for ships to foreign ports does not mean that a coastal state cannot declare some of its ports closed to international shipping. At the same time, such port closures should be motivated, declared in advance to interested parties, legally justified and implemented on a non-discriminatory basis An important practical conclusion is that a foreign ship that has patients with COVID-19 coronavirus infection on board and makes a emergency call cannot be denied such a right. Moreover, the need for a emergency call does not necessarily have to be due to the presence of coronavirus patients on board who require urgent medical assistance and cannot be provided in shipboard conditions. This may be a emergency call due to lack of food, water, fuel, etc. In the final part the main conclusions of the article are given.

Keywords

Maritime law, ports, inland waters, merchant vessels, COVID-19 coronavirus infection, Master, crew, emergency call

Received

04.05.2020

Publication date

07.08.2020

Number of characters

41721

Cite

GOST	Gutsulyak V. Legal regulation of merchant ships entering foreign ports in conditions of the Covid-19 pandemic // Gosudarstvo i pravo – 2020. – Issue 7 C. 100-110 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520010654-0-1 (circulation date: 10.05.2024). DOI: 10.31857/S102694520010654-0
MLA	Gutsulyak, Vasiliy N "Legal regulation of merchant ships entering foreign ports in conditions of the Covid-19 pandemic." Gosudarstvo i pravo 7 (2020):100-110. DOI: 10.31857/S102694520010654-0
APA	Gutsulyak V. (2020). Legal regulation of merchant ships entering foreign ports in conditions of the Covid-19 pandemic. Gosudarstvo i pravo (7), pp.100-110 DOI: 10.31857/S102694520010654-0

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