Port states’ responses to foreign cruise ships with COVID-19 or other epidemic risks = Port states’ responses to foreign cruise ships with COVID-19 or other epidemic risks

다국어 초록 (Multilingual Abstract)

The experience of various port states’ responses to more than 40 foreign cruise ships during the pandemic of COVID-19 exposes seriously arguable issues of the obligations and rights of a port state. Based upon such experience, the public health theory, and the features of cruise ships, the authors put forward the principles to be followed in determining the obligations and rights of a port state in public health response to foreign cruise ships infected or suspected of being infected with COVID- 19 or similar epidemic virus, i.e. the principles of national sovereignty, international protection of human rights, international cooperation, beneficiary pays and reasonable administration, and analyze the conflict between the principle of national sovereignty and that of international human rights protection and how to coordinate them. The authors expound in detail the obligations of a port state including allowing free pratique to foreign cruise ships and implementing surveillance, notification, verification and health measures. Also expounded are the rights of a port state, i.e. implementing public health measures on arrival and departure, requesting assistance and collaboration, and claiming compensation from shipowners and their liability insurers. Suggestions are put forward on improving International Health Regulation(IHR).