Safe ports: law, theory, practice under conditions of the COVID-19 pandemic

The article examines modern practical approaches to ensuring the safety of seaports as hubs of logistics centres for international trade and replacement points for ship crews under the conditions of the COVID-19 pandemic. The historical retrospective of the formation of anti-epidemic legal instrumen...

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Main Authors: Li Faqiang, Elvina Abliakimova
Format: Article
Language:English
Published: National University Odessa Law Academy 2020-09-01
Series:Lex Portus
Subjects:
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author Li Faqiang
Elvina Abliakimova
author_facet Li Faqiang
Elvina Abliakimova
author_sort Li Faqiang
collection DOAJ
description The article examines modern practical approaches to ensuring the safety of seaports as hubs of logistics centres for international trade and replacement points for ship crews under the conditions of the COVID-19 pandemic. The historical retrospective of the formation of anti-epidemic legal instruments to counteract the spread of particularly dangerous and rapidly spreading diseases is outlined. It is emphasized that the COVID-19 pandemic and the quarantine restrictions imposed by it in the states belong to the range of force majeure. The approaches of national legislations, international agreements, case law, and time charter pro-forma to the legal category of “safe port” are analyzed. Emphasis has been placed on shifting priorities in port security from those prevailing since the early 2000s to terrorist, technical and navigational threats to threats related to the spread of the COVID-19 and to take measures to prevent the spread of the disease. The study develops the concept of ensuring a universal approach to the formation of protocols and best practices to combat the spread of COVID-19 and the introduction of increased financial sanctions in case of violation of the established rules.
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spelling doaj.art-ba91119d19aa4b39b6eacd4ea41a256e2022-12-21T20:16:15ZengNational University Odessa Law AcademyLex Portus2524-101X2617-541X2020-09-01473410.26886/2524-101X.4.2020.1Safe ports: law, theory, practice under conditions of the COVID-19 pandemicLi Faqiang0https://orcid.org/0000-0001-9460-4697Elvina Abliakimova1https://orcid.org/0000-0003-0684-3378Peking University Law SchoolRussian State University of JusticeThe article examines modern practical approaches to ensuring the safety of seaports as hubs of logistics centres for international trade and replacement points for ship crews under the conditions of the COVID-19 pandemic. The historical retrospective of the formation of anti-epidemic legal instruments to counteract the spread of particularly dangerous and rapidly spreading diseases is outlined. It is emphasized that the COVID-19 pandemic and the quarantine restrictions imposed by it in the states belong to the range of force majeure. The approaches of national legislations, international agreements, case law, and time charter pro-forma to the legal category of “safe port” are analyzed. Emphasis has been placed on shifting priorities in port security from those prevailing since the early 2000s to terrorist, technical and navigational threats to threats related to the spread of the COVID-19 and to take measures to prevent the spread of the disease. The study develops the concept of ensuring a universal approach to the formation of protocols and best practices to combat the spread of COVID-19 and the introduction of increased financial sanctions in case of violation of the established rules.portsecuritycrew changelegal regulationshippingmaritime sector
spellingShingle Li Faqiang
Elvina Abliakimova
Safe ports: law, theory, practice under conditions of the COVID-19 pandemic
Lex Portus
port
security
crew change
legal regulation
shipping
maritime sector
title Safe ports: law, theory, practice under conditions of the COVID-19 pandemic
title_full Safe ports: law, theory, practice under conditions of the COVID-19 pandemic
title_fullStr Safe ports: law, theory, practice under conditions of the COVID-19 pandemic
title_full_unstemmed Safe ports: law, theory, practice under conditions of the COVID-19 pandemic
title_short Safe ports: law, theory, practice under conditions of the COVID-19 pandemic
title_sort safe ports law theory practice under conditions of the covid 19 pandemic
topic port
security
crew change
legal regulation
shipping
maritime sector
work_keys_str_mv AT lifaqiang safeportslawtheorypracticeunderconditionsofthecovid19pandemic
AT elvinaabliakimova safeportslawtheorypracticeunderconditionsofthecovid19pandemic