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An Analysis Of International Law On The Rescue Responsibility Of International Cruise Ships Involved In The Epidemic

Posted on:2022-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:N DuanFull Text:PDF
GTID:2506306509961839Subject:legal
Abstract/Summary:PDF Full Text Request
At the beginning of 2020,the sudden outbreak of COVID-19 was fierce,and the outbreak of many international cruise ships such as "Diamond Princess" and "Westerdam" attracted the attention of the world.The epidemic on cruise ships spreads rapidly and is extremely difficult to prevent and control.Moreover,countries around the world have not reached consensus on the response to the epidemic.The international community needs to speed up the establishment of an effective cooperation mechanism for public health safety on cruise ships.Due to the international nature of cruise ship navigation,the epidemic shows the characteristics peculiar to cruise ships that are associated with flag states,port states,crew members and countries of nationality of tourists.The flag state,port state,crew state and the nationality of the tourists should all undertake the corresponding rescue obligations in response to the epidemic crisis during the voyage of international cruise ships and the spread of the epidemic during the quarantine of the cruise ships at the port,so as to jointly safeguard global public health security.In addition to the introduction and conclusion,the paper is divided into three parts.The first part is the current situation of the international cruise industry under the COVID-19 epidemic.It mainly introduces the situation encountered by the "Diamond Princess" cruise ship in this epidemic.After the outbreak of the epidemic,it is difficult to determine the main body of the rescue responsibility,so the rescue was not timely received.The second part is the legal analysis of the salvage responsibility of the "Diamond Princess" cruise ship.From the perspective of international law,international law and international human rights law,the analysis of the flag state,port at the international level,the crew and tourists nationality countries should bear the obligation,to carry out specific analysis on the cause of the outbreak cruise,mainly includes three aspects: the lack of international cooperation mechanism,the application of the international law and domestic law conflicts and differences and the flag state rescue responsibility is difficult to implement.The third part is to put forward the corresponding countermeasures for the plight of the epidemic ship rescue.Under the guidance of the concept of "a global community of health for all",put forward countermeasures and suggestions to solve the plight of cruise ships,including by promoting the construction of public health security cooperation mechanism,solidarity and cooperation,to jointly deal with the global public health security crisis;Coordinating the application of international law and domestic law to reduce the divergence between international law and domestic law;The rescue responsibility of the flag state should be clarified,so that there is a real connection between the flag state and the flag of convenience ship,so as to form the effective jurisdiction of the flag state over the ship,and get enlightenment from it,so as to provide solutions for China when it may face the cruise ship dilemma in the future,and further improve the legal system of epidemic prevention and control in China.
Keywords/Search Tags:COVID-19 epidemic, International cruise, Public health safety, A global community of health for all
PDF Full Text Request
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