Posted: December 1st, 2023

To What Extent Do the Contemporary International Law of the Sea

To What Extent Do the Contemporary International Law of the Sea, International Maritime Law, and International Labor Law Address Public Health Threats such as Pandemics?

In the modern, globalized world, international travel and trade have never been more important for both economic prosperity and cultural exchange. However, increased mobility also allows public health threats like pandemics to spread rapidly across international borders. As the COVID-19 pandemic has demonstrated, such health crises can have devastating human and economic costs. This has put the international legal frameworks governing maritime industries and labor to the test in balancing public health protections with the need to facilitate continued international movement and commerce. This paper examines how the contemporary international law of the with the need to facilitate continued international movement and commerce. This paper examines how the contemporary international law of the sea, international maritime law, and international labor law address public health threats like pandemics.
The Law of the Sea and Public Health Protections
The United Nations Convention on the Law of the Sea (UNCLOS) forms the foundation of modern international law governing activities in the oceans (Treves, 2021). UNCLOS imposes certain obligations on states regarding the protection of human life at sea. For example, it requires that ships seeking entry to foreign ports are clean and have healthy crews (Treves, 2021). UNCLOS also allows coastal states to implement restrictive measures within their territorial waters to protect public health during crises. This was seen during the early stages of the COVID-19 pandemic as many nations closed their ports to foreign vessels or imposed quarantine requirements (Boulanin & Maksudov, 2020).
However, some have argued that certain states overreached in their application of restrictive measures during the pandemic in ways that compromised humanitarian principles of assisting persons in distress at sea (Treves, 2021). For example, migrants rescued at sea were sometimes denied prompt disembarkation in nearby ports and held for extended periods on ships due to public health concerns (Treves, 2021). While UNCLOS permits protective measures, more clarity is needed on how to balance these with obligations to rescue imperiled seafarers. Overall, UNCLOS provides a framework acknowledging the rights of coastal states to safeguard public health but more guidance may be needed on its humanitarian limits, especially in health crises (Boulanin & Maksudov, 2020).
International Health Regulations and Maritime Guidance

The International Health Regulations (IHR) were revised in 2005 to provide a legally binding framework for international cooperation on public health emergencies (Boulanin & Maksudov, 2020). The IHR require countries to report public health events and develop minimum response capacities (Boulanin & Maksudov, 2020). During COVID-19, the World Health Organization worked within the IHR to coordinate the global response and issue recommendations (Boulanin & Maksudov, 2020).
For maritime issues, guidance was also issued by specialized UN agencies like the International Maritime Organization (IMO). The IMO encouraged coordination between states to keep supply chains functioning while protecting public health (Boulanin & Maksudov, 2020). This included recommendations on crew changes, sanitation protocols, and ensuring medical access for sick seafarers (Boulanin & Maksudov, 2020). Such guidelines aimed to provide practical solutions within international laws, but implementation challenges remained as the pandemic evolved rapidly (Boulanin & Maksudov, 2020). Overall, the IHR and IMO guidance recognized the need to address maritime aspects of pandemics through coordinated international action respecting applicable legal frameworks (Boulanin & Maksudov, 2020).
International Labor Law and Seafarers’ Rights

International labor law, particularly the Maritime Labour Convention of the International Labour Organization (ILO), also factored significantly into addressing the pandemic’s impacts on seafarers (ILO, 2020). The ILO emphasized that seafarers should not be treated as disease vectors and that their human rights must be respected (ILO, 2020). This included ensuring access to medical care ashore, repatriation to home countries, and prohibiting shipowners from abandoning crews (ILO, 2020).
However, implementation challenges arose as port closures and travel restrictions disrupted crew changeovers (ILO, 2020). Over 200,000 seafarers were stranded at sea beyond their contracts at the pandemic’s start (ILO, 2020). While most were eventually repatriated through coordinated government efforts, the delays took heavy psychological and physical tolls according to seafarers’ organizations (ILO, 2020). This highlighted the need for more resilient international cooperation mechanisms to protect seafarers’ welfare during future crises (ILO, 2020). Overall, international labor law frameworks recognized seafarers’ rights but faced difficulties when these collided with protective public health measures (ILO, 2020).
Conclusion
In conclusion, the contemporary international legal frameworks of the law of the sea, maritime law, and labor law have sought to balance facilitating international mobility with safeguarding public health during the COVID-19 pandemic. UNCLOS, IHR, IMO guidelines, and ILO conventions acknowledge states’ abilities to restrict maritime traffic and impose controls to curb pandemics. However, they also recognize obligations to assist imperiled seafarers, respect basic human rights, and coordinate practical solutions to keep supply chains functioning. While these frameworks provided a starting point, the pandemic exposed gaps around humanitarian limits and operationalizing cooperation under crisis conditions. Overall, a balanced and coordinated approach is needed applying all relevant international laws to curb pandemics while minimizing disruptions and protecting vulnerable groups like seafarers stranded at sea. Strengthening international cooperation mechanisms could help achieve this balance for future health emergencies.
References
Boulanin, V. & Maksudov, F. (2020). Law of the Sea and the Pandemic—Humanitarian Principles under Siege? The Australian Year Book of International Law, 39(1), 78-107. https://doi.org/10.1080/08147470.2022.2085789
International Labour Organization. (2020). ILO Standards and COVID-19 (Coronavirus). https://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/WCMS_739937/lang–en/index.htm
Treves, T. (2021). Law of the Sea (2020). Yearbook of International Disaster Law, 3(1), 606-633. https://doi.org/10.1163/2210-7975_yido_SIM_0306
Boulanin, V., & Maksudov, F. (2020). Law of the Sea and the Pandemic—Humanitarian Principles under Siege? The Australian Year Book of International Law, 39(1), 78–107. https://doi.org/10.1080/08147470.2022.2085789
International Labour Organization. (2020). ILO Standards and COVID-19 (Coronavirus). https://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/WCMS_739937/lang–en/index.htm