Publication Type

Journal Article

Version

acceptedVersion

Publication Date

1-2025

Abstract

In the early stages of the COVID-19 pandemic, the treatment of cruise ships by coastal states was inconsistent, with some ships being allowed to dock while others were not. To that end, this Note focuses on the obligations that a coastal state owes to the individuals onboard the cruise ships in the context of the COVID-19 pandemic, including the rights to life and health. It further considers whether and how such rights are to be balanced with other countervailing considerations of such states, such as the risk of transmission to the local communities. This author concludes with the view that individuals onboard the cruise ships can, and should, consider turning to international human rights law for guidance and recourse. After all, the human rights regime is most suited for and accustomed to governing the relationship between individuals and a state, as compared to between states.

Keywords

extraterritorial jurisdiction, human rights, law of the sea, right to health, right to life

Discipline

International Law | Law of the Sea

Publication

Asian Journal of International Law

Volume

15

Issue

1

First Page

12

Last Page

22

ISSN

2044-2513

Identifier

10.1017/S2044251324000262

Publisher

Cambridge University Press

Additional URL

https://doi.org/10.1017/S2044251324000262

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