ABSTRACT
The COVID-19 global pandemic demonstrates that the international ship industry – and cruise ships in particular – is a potent vector for the global transmission of such viruses. More than 40 cruise ships were found to be carrying the virus in 2020, with many of them denied permission to dock in countries, such as Japan, the United States of America, the Philippines, Uruguay, and Australia. Indeed, the mistake made by Australian authorities in March 2020 to allow 2,600 passengers from the Bermuda-flagged Ruby Princess to disembark in central Sydney was the single-worst national incident in the early stages of the pandemic. Over 800 passengers were infected, leading to many more people becoming infected throughout Australia and leading to an estimated one-third of all Australian COVID-19 deaths in the following period.
This chapter assesses the rights and obligations of coastal states to respond proactively to virus threats posed by incoming foreign vessels, with particular attention given to Australia. It considers the primary obligation on all states and seafarers to saves lives at sea and the right of a coastal state to protect its sovereignty in its territorial waters (out to 12nm) and within the poorly understood contiguous zone (12–24nm). The chapter concludes with suggestions about further international measures to explore to better address future virus outbreaks on cruise ships.
