Impact of COVID-19 on the freedom of the merchant ship’s access to foreign ports

Vasiliy N Gutsuliak

doi:10.31217/p.35.1.3

Abstract

Nowadays, merchant shipping is facing a new challenge in the context of COVID-19. The ships at sea may find themselves in need of immediate medical assistance relating to the crewmembers and/or passengers due to COVID-19. Besides, there is a problem with the change of ship crews in due time and their repatriation. Under international custom, coastal States keep their ports open for merchant shipping but may require the ship’s master to take appropriate action to prevent a threat of danger. In cases of failure or urgency, the coastal State can exercise its authority in taking responsive action appropriate to the threat. The article analyzes the main issue - how reasonable are the actions of states that close their ports to foreign vessels in the light of COVID-19. In this paper, the practice of foreign and Russian ports in the context of the COVID-19 is assessed.

Highlights

At the end of December 2019, the first cases of pneumonia of unknown origin appeared in the Chinese city of Wuhan
On March 16, 2020, the Governor of the Murmansk region have signed a Decree “On measures to counter the spread on the territory of the Murmansk region new coronavirus infection (2019-nCoV)”, under which it was forbidden to go ashore to crewmembers of all ships arriving from foreign countries to the ports of Murmansk and Kandalaksha if the date of arrival of the ship in ports and the moment of its contact with the shore of a foreign state was less than 14 calendar days
We can come to the following conclusions: 1. The issue of the freedom of ship’s access to the foreign ports is not a purely theoretical or doctrinal debate but the solution to a practical problem in a recent situation with COVID-19

Summary

Introduction

At the end of December 2019, the first cases of pneumonia of unknown origin appeared in the Chinese city of Wuhan. They grew into a pandemic that suddenly flooded the whole of China. In February 2020, despite the persistent efforts of the Chinese authorities to take quarantine measures, the unknown disease quickly became global. The World Health Organization (WHO) has officially declared a pandemic of a new coronavirus infection – COVID-19 and on March 13, 2020, Europe became its center. Under these circumstances, international shipping has fully experienced the negative consequences of the global pandemic, which has rapidly spread throughout the world. It is no exaggeration that COVID-19 has dealt a devastating blow to the shipping industry

The primary victims

The concept of freedom of ship’s access to foreign ports

The port entry in distress

The recent practice of Russian seaports to prevent COVID-19

Conclusion