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COVID-19 Bibliography

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Transport and Tourism Law

27 October 2024 - 17:13 | Version 38 |

This section includes literature on maritime / shipping law, aviation law, space law and land transport.

Abeyratne, Ruwantissa, Air Transport and Pandemic Law: Legal, Regulatory, Ethical and Economic Issues (Springer, 2021)
Contents:
  • ‘Prelude to Disaster’ 1-30
  • ‘History’ 31-70
  • ‘The Coronavirus and Air Transport: Some Implications for Trade and Law’ 71-94
  • ‘Continuing Air Transport Post Covid-19: The Regulatory Response’ 95-118
  • ‘Training the Airport Manager in a Post Covid-19 World’ 119–131
  • ‘Legal Aspects of Covid-19’ 133-190
  • ‘Public Health and the Law’ 191-198
Agarwal, Tanya, ‘The Aircraft Leasing Contracts in the Pandemic Era: Navigating the Challenges of Invoking Force-Majeure by Applying Hardship under International Commercial Law’ (2023) 6(1) Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne_
_Abstract: The majority of aircraft are acquired on leasing agreements where the financial burden is on the lessor because such agreements involve financing of heavy equipment for the lessee. Therefore, to ensure that the lessee fulfils his obligation towards the payment of lease, Hell or High-water clause is drafted in the contract. This enforces payment by the lessee to the lessor irrespective of any circumstantial change which makes it difficult for the lessee to pay. However, due to the pandemic, the airline industry is suffering from a severe cash crunch as a result it has become difficult for them to honour their upcoming contractual obligations. The airline companies are debating to invoke Force Majeure in these contracts to avoid liability for non-performance, but considering the nature of such contracts and the legal principles adopted in Private International Air Law, taking such measures might pose several challenges. Therefore, this paper proposes the application of Hardship codified in the UNIDROIT Principle of International Commercial Contracts so that airlines can renegotiate the contract with the lessors and avoid liability for delayed or non-performance of the contract instead of completely avoiding their contractual obligation by invoking Force Majure. This will provide breathing space to the lessee and also ensure his obligation towards the lessor is maintained during the pandemic thereby ensuring the lessor is financially safeguarded.

Agarwal, Tanya, ‘Revaluating Aircraft Leasing Contracts in the Pandemic Era: Navigating the Challenges of Invoking Force-Majeure by Applying Hardship under International Commercial Law’ (2021) 15(Special Issue) Novum Jus (advance article, published online 17 December 2021)
Abstract: Majority of aircraft are acquired on leasing agreements, and the financial burden is on the lessor due to financing heavy equipment for the lessee in these agreements. Therefore, to ensure that the lessee fulfils his lease payment to the lessor, Hell or High-water clause is drafted in the contract. This enforces payment by the lessee irrespective of any circumstantial change which makes it difficult for the lessee to pay. However, due to the pandemic, the airlines have suffered from a severe cash crunch making it difficult for them to honor their upcoming contractual obligations. The airline companies are debating to invoke Force Majeure in these contracts to excuse nonperformance and avoid damages, but considering the development in Private International Air Law and nature of the contract, taking such measures will be difficult. This paper proposes to apply Hardship codified in the UNIDROIT Principle of International Commercial Contracts so that airlines can renegotiate the contract with the lessors instead of completely avoiding their contractual obligation. This will provide breathing space to the lessee and also ensure his obligation towards the lessor is maintained during the pandemic.

Air and Space Law (2020) 45 (Special issue)
This special issue includes the following articles:
  • Cassar, Roberto, ‘Evolution or Devolution: Aviation Law and Practice After COVID-19’ 3-16
  • De Leon, Pablo Mendes, ‘National Reflexes Following the COVID-19 Outbreak: Is Sovereignty Back in the Air?’ 17-38
  • Masson-Zwaan, Tanja, ‘Combating COVID-19: The Role of Space Law and Technology’ 39-59
  • Truxal, Steven, ‘State Aid and Air Transport in the Shadow of COVID-19’ 61-82
  • Ratajczyk, Mikolaj and Rita Sousa Uva, ‘COVID-19 Pandemic and the Measures Taken by the European Union Aviation Safety Agency’ 95-106
  • Grigorieff, Cyril-Igor and Chrystel Erotokritou, ‘EU Regulation No 261/2004 on Air Passenger Rights: The Impact of the COVID-19 on Flight Cancellation and the Concept of Extraordinary Circumstances’ 123-141
  • Trimarchi, Andrea, Robert Lawson and Andrew Harakas, ‘The Potential for Exposure of Air Carriers to Passenger Liability in Respect of COVID-19’ 143-153
  • Hanley, Donal, ‘COVID-19 and International Aircraft Financing Law’ 155-171
  • Jung, Lukas C and Lesley Jane Smith, ‘COVID-19 and Its Impact on Space Activities: Force Majeure and Further Legal Implications’ 173-193
  • Benjamyn I Scott et al, ‘National Aviation Law Responses to COVID-19 ‘ 195-272

Albanese, Antonio, ‘Mobility at the Time of the Coronavirus and Damage Caused by Vehicles Equipped with Electronic Safety Systems’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The introduction of technologies that make vehicles safer is important to address the foreseeable criticalities of road traffic due to the lower capacity of public transport as a result of social distancing measures. In this unique situation, the objective of limiting the spread of the epidemic cannot overshadow the prevention of accidents and human health must be guaranteed with respect to all possible risks. However, new safety systems are not completely failsafe. With these cases in mind, the article proposes to verify the extent to which current rules on civil liability in Italian law may offer solutions to damages caused by highly automated vehicles in terms of preventing harmful events and allocating their costs according to criteria of justice and economic efficiency. Within this logic, the analysis also looks at the rules on the distribution of compensation costs among the various parties that may be jointly and severally liable (driver, owner, custodian or manufacturer).

Banerjee, Somen, ‘Will the Security Architecture of the Western Pacific Change Post-COVID 19?’ (2020) 16(1) Maritime Affairs: Journal of the National Maritime Foundation of India 68–81
Abstract: The Indo-Pacific, combines a panoply of regions and blends multiple security architectures. Some regions are dominated by non-traditional security threats, while others are unstable and rife with security dilemma. Instability and disorder are most palpable in the maritime domain, especially in the geographical region of the western Pacific. From the beginning of 2020, China has intensified its assertiveness in the South China Sea, including the announcement of two administrative districts and transgressions by its survey ship Haiyang Dizhi 8. Some attribute these developments to the COVID-19 outbreak. Enhanced US posture in the region seems to have little effect on Chinese revanchism. This article assesses the spurt of developments in the South China Sea during the COVID-19 pandemic. It establishes the conceptual framework for analysing the change in the regional order. It evaluates the regional security architecture of the western Pacific and the efficacy of the putative order. The prospective change in the security order of the western Pacific and response is also examined.

Barbano, Mario, ‘State Aid Law as Applied to the Airline Industry: Pandemic Crisis and Long-Term Perspectives’ (PhD Thesis, University of Genoa, 2024)
Abstract: This dissertation investigates EU State aid law applicable to the airline industry so as to ascertain its effectiveness in dealing with market shocks and environmental challenges. By looking at the case-law and Commission’s practice on State aid awarded to the aviation sector during the pandemic, the research inquires whether the EU State aid policy needs to be adjusted in order to minimize distortions within the EU internal market and to ensure that public spending is consistent with the long-term environmental objectives of the European Union. First, the relevant international and EU legal framework is assessed (Part I) and then a database of decisions and rulings on pandemic-related aid to the airline industry is displayed (Part II). The lessons learned from this study are then further elaborated as to explore future trends in EU State aid law enforcement and litigation.

Benosa, Maria Emilynda Jeddahlyn Pia V, ‘Covid-19: A Vicious Wave for Maritime Transport’ in Shinya Murase and Suzanne Zhou (eds), Epidemics and International Law (Brill Nijhoff, 2021) 499

Boiciuc, Alexandr, ‘Two Years Post COVID-19: A Critical Legal Analysis’ (2023) 58(3) European Transport Law 349–376
Abstract: The vigour of the global economy is heavily dependent on the movement of ships for the transport of goods and persons by sea. Worldwide trade is significantly reliant on efficient, safe and secure maritime transportation, which would be impossible to execute without crucial participants such as seafarers. The substantial impact that COVID-19 pandemic had on the maritime sector shows the gravity of the effect as felt globally by the stranded seafarers on board vessels. This dissertation examines the legal framework that existed at the time when seafarers all over the world were placed in precarious situations as a result of the COVID-19 pandemic. The work addresses why seafarers are crucial for the effective operation of maritime Labour Convention 2006 (as amended). The dissertation also assesses, in addition to the immediate legal efforts and industry’s responses throughout the last two years of COVID-19 pandemic. The findings of this study suggest that, apart from revising the international legal framework, the international community should continue collaborate in order to enhance both ship and port facilities to be able to respond to such unforeseeable future challenges.

Braakman, August J, ‘Climate and COVID-19: Will the Shipping Industry Succeed in Charting the Right Course Between Scylla and Charybdis?’ (2020) 26(2) Journal of International Maritime Law 102–108
Abstract: Discusses the EU institutions’ need to balance Member States’ measures towards zero climate change emissions and their aid measures to address the coronavirus pandemic. Examines the potential conflicts arising from the shipping industry’s plight.

Bulum, Božena, Marija Pijaca and Željka Primorac, ‘Public Service Compensation and Prolongation of Public Service Contracts in the Maritime Transport Sector under European Union Law in the Case of COVID-19’ (10th International Maritime Science Conference (IMSC), 2023) 471–478
Abstract: The COVID-19 pandemic minimized the mobility of European Union (hereinafter: EU) citizens and businesses by sea and caused disruptions in the maritime supply chains. Consequently, the EU designed a series of measures to protect mobility and connectivity in Europe. This paper is dedicated to the analysis of the measures concerning the award of public service compensation to the maritime transport operators (shipowners) with whom Member State concluded public service contracts or imposed public service obligations (prior to or after the outbreak of the COVID-19 disease) in order to ensure the regular provision of the maritime transport services. Maritime transport services covered with these measures are freight and passenger transport, provided whether as cabotage or transport between two or more Member States or between EU and third country. The objective of the paper is to discuss and analyse under which conditions these measures do not constitute State aid or can be exempted from the ex ante notification to the Commission and a public contract concluded for the provision of the maritime transport services may be prolonged without a new award procedure and whether these terms are applicable also in case of other exceptional occurrences (such as wars, global economic crisis, etc.). In this context, relevant EU Law will be analysed: sector specific rules on the provision of maritime transport services (Regulation 3577/92 on the provision of maritime cabotage services and Regulation 4055/865 on the provision of international maritime transport services), EU State aid rules (criteria established in the Altmark judgement), applicable rules on public procurement (Directive 2014/23/EU and Directive 2014/24/EU) and lastly, Working document issued by the departments of the European Commission for information purposes in response to the COVID-19 crisis.

Carr, Chris and Cyrus A Ramezani, ‘COVID-19, Force Majeure, and the Legal and Financial Implications of Utilizing Reefer Shipping Containers’ (2020) 87(1) Journal of Transportation Law, Logistics and Policy (forthcoming)
Abstract: This article begins by discussing the rise of the refrigerated (‘reefer’) container industry and business model. It is important for readers to understand the growing importance of reefers to U.S. export, and how they contribute to supply chain complexity and port congestion. Next, we address how the Corona Virus (COVID-19) impacted reefer container transport. We then discuss how ocean carriers are utilizing the Force Majeure doctrine to their advantage in their transport of reefer containers, and the related legal implications of them doing so. We also analyze whether insurance covers cargo owner loss in this situation and what happens when the cargo owner decides to just walk away and abandon reefer containers when the ocean carrier exercises its right to discharge the cargo at an alternative port of convenience. The article concludes with recommendations regarding how cargo owners can move forward to analyze and mitigate risk.

Correia, Vincent, ‘The General Court’s Decisions on State Aid Law in Times of COVID-19 Pandemic’ (2022) 47(1) Air and Space Law 1–24
Abstract: The unprecedented crisis caused by the pandemic of Coronavirus disease 2019 (COVID-19) not only shattered the economics of the aviation industry, it also put to test long established legal rules, while Governments were desperately adopting emergency measures. Facing a very severe situation, caused by airspace closures and restrictions imposed to travellers, several European airlines received governmental support, while others did not. This led to criticisms from airlines, most notably from the low-cost carrier Ryanair, which transposed into legal actions undertaken in front of the General Court of the European Union. At the heart of this legal battle lay the rules governing State Aid, as the European Commission was criticized for not assessing thoroughly enough the measures that were notified by the Member States. The judgments of the General Court revealed that, irrespective of the exceptional situation faced in Europe, the correct application of EU Law must prevail, which includes the judicial review of acts adopted by the European institutions. As two decisions of the Commission authorizing measures of governmental support were annulled, some lessons can be learnt for the future.

Dale, Amy, ‘COVID-19: All out To’ (2020) 66 LSJ: Law Society of NSW Journal 40–43
Abstract: Many of the most severe restrictions imposed in the COVID-19 pandemic relate to overseas arrivals and border control. Currently, the most fatal cluster of cases is the Ruby Princess cruise ship, which docked in darkness as the outbreak was taking hold in Australia. In triggering emergency powers, what are our responsibilities to those stranded at sea?

Desmonda, Angela Jessica, ‘Port Denials and Restrictions Policies during Covid-19 Pandemic Based on International Law’ (2020) 7(3) Padjadjaran Journal of Law 380–399
Abstract: As a public facility, port has a significant potential to be cluster of the Covid-19 spread. Many states have implemented policies of denials and restriction of port access to protect people’s health. This study aims to analyze port denials and restrictions policies settings based on international law. In addition, this study is to analyze whether the status of state of emergency will affect state’s obligations based on international law. This study was conducted by analyzing associated international treaty law and customary law. The study concludes that no international treaty law and customary law prohibit port denials and restrictions because port is under the sovereignty of respected coastal state. The state is free to implement any policies. Without any permit, foreign ships are not allowed to enter and dock at the port of the coastal state. However, in a situation of danger or distress, foreign ships have the right to enter port. The IHR 2005, as a special instrument dealing with public health, also provides an opportunity for coastal state to prevent ship embarking and disembarking passengers if the ship is exposed to a pandemic disease, such as Covid-19. In such case, foreign ship may be prohibited from entering and docking at port of coastal state. On the other hand, in a situation of danger or distress, foreign ship has the right to enter port. In contrast, the 1923 Port Convention gave permission to state to close ports in urgent situation that endangered national security.

Dhingra, Jayems, ‘Force Majeure Event Clauses: A Risk Sharing Strategy in Charterparty for Offshore E & P Rigs and Shipbuilding Contracts’ (2012) 18 International Congress of Maritime Arbitrators 392–405
Abstract: This article was first published in the ICMA Proceedings 2012, and is being revisited in context of ongoing pandemic to demonstrate that the principle of Force Majeure remains unchanged for Offshore & Marine Industry. The question in the minds of every enterprise engaged in long term Oil & Gas industry contracts, ‘Is COVID-19 Pandemic a Force Majeure Event?’ Who decides it and whether it is provided in the contract? Contracts are considered as the sole governing mechanism or agreed legal authority for governing relationships between the parties, under the principle of pacta sunt servanda or sanctity of contracts. Thus, contracts once executed cannot be changed due to post-contract events, except by an agreement between the parties. Therefore, if a pandemic like COVID-19 is not an identified event of an FME clause, then the current crisis raises serious questions and shakes the jurisprudence of international contract laws. Force Majeure Events (‘FME’) a French term, represents Unknown, Unprecedented, Unexpected and Unavoidable events, having a negative impact on obligations and responsibilities under the contracts between the parties. In Chinese Contracts Law, it is noted that ‘force majeure means any objective circumstances which are unforeseeable, unavoidable and insurmountable.’ In Common Law jurisdiction there is no specific definition of force majeure but is interpreted from the clauses provided in a contract and arguments based on the doctrine of frustration. The frustration may or may not be the direct outcome of a force majeure event. In conclusion, the article demonstrates that FME Clause is a risk sharing strategy between the parties to a contract and not an act of God.

Drobnik, Marcin Jakub, Ivan Bimbilovski and Shubham Pathak, ‘Space Law and Space Mining, Exploring New Horizons Amid COVID-19 Pandemic’ (2023) 7(Special Issue: COVID-19: Emerging Research) Emerging Science Journal 114–127
Abstract: This study analyses the current scenario with COVID-19 affecting the international and Thai space law, and its impacts and corresponding repercussions upon the Thai economy, ASEAN region and then at international level. The methodology adopted for this study is a mixed method with qualitative research tools collected from key informant interviews and focus group discussions. The data analysis involves the Strength, Weakness, Opportunity, and Threat (SWOT) analysis, which has been integrated with Hierarchical Thematic areas to provide the supporting model for wholesome recommendations through analyzing the findings from the research. The key respondents involved several government officials associated with Thai space agencies and departments, along with judges, lawyers, researchers, academicians, non-government organizations (NGO) officials, and law students. The findings provided the need for adoption of Treaty leading to the creation of a space organization which would be accountable towards setting up a legal framework for commencement of space mining operations. The international space tribunal is to be created under this international space organization to resolve any disputes arising out of space mining. The overall implications of this research would lead to the sharing of the benefits of space mining with both developed and developing countries to enhance sustainable development for all mankind.

Erceg, Biljana Činčurak, Aleksandra Vasilj and Aleksandra Perković, ‘Fit for 55 – Does It Fit All? Air and Rail Transport After COVID – 19 Pandemic’ (2022) 6 EU and Comparative Law Issues And Challenges Series (ECLIC) 66–101
Abstract: The main principle of sustainability means being able to meet the needs of today’s society without compromising the ability of future generations to meet their own needs. Sustainable development implies the interdependence of its main components: society, economy, and ecology. The prosperity of a society depends on economic progress and the development of new technologies, but in a way that the natural environment is protected and preserved. This concept is inextricably linked to the concept of ecology and, consequently, to all types of transport, given that transport is considered one of the main pollutants of the ecosystem. Due to its rapid development through history, and as the youngest and safest type of transport, air transport is particularly subjected to the environmental impact assessment. At the same time, air transport affects the global economy due to its connection with other sectors, which in turn enables faster mobility of people, services, and goods. This was especially evident with the increased need for faster medical supplies and protective equipment delivery during the COVID-19 pandemic. The European Union’s transport policy is geared towards sustainable development by linking all environmental and social goals in a balanced way. Considering the negative long-term impact of COVID-19 on the air transportation sector, the question posed in this paper is whether this can be done in an appropriate way. As part of the European Green Deal, the ‘Fit for 55’ package is a set of proposals to revise and update EU legislation with the purpose of introducing new initiatives regarding the climate goals agreed by the Council and the European Parliament. Regarding air transport, the emphasis is on contributing to reducing CO2 emissions and noise pollution and their impact on other sectors and competitiveness. The EU Commission White Paper: ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ emphasizes that the EU aviation industry should become a frontrunner in the use of low-carbon fuels to reach the set targets, as well as that the majority of medium-distance passenger transport should go by rail by 2050. There are also initiatives that aviation taxes should subsidize high-speed rail (HSR), which potentially may cause a decrease in the air transport and benefit an increase the rail transport. The paper will also address the questions as to whether existing legislation, measures, and proposals are appropriate, considering that aviation is one of the industry sectors that is most affected by COVID-19 and could be most affected by the ‘Fit for 55’ package, as well what impact this duopoly might have on the market for travel served by air transport. Does really ‘Fit for 55’ fit air transport?

Eshraghi Arani, Mojtaba, ‘The Liability of Air Carriers for Spread of Communicable Viruses With Emphasis on Covid 19 Pandemic’ (2022) Journal of Law Research (advance article, published online 5 July 2022)
Abstract: The advantages of air transportation in terms of human welfare, economic growth and social integration are outstanding and undeniable. However, the high speed of aircraft has made such means of transportation as the main factor of spreading viruses and communicable diseases among the countries. Spread of covid 19 virus from China to other countries by aircraft and the disruptive role of some airlines in this regard necessitated a re-thinking of the air carriers; liability. Regardless of the social liability of air carriers, their civil liability for spread of virus between the passengers has become controversial among the scholars. The basic issue to deal with is that on what conditions an air carrier might be held liable for such spread of virus. A comprehensive analysis of this issue, requires a re-thinking of the concept of ‘sinister/occurrence’ within air transportation under article 17 of Warsaw Convention 1929 or Montreal Convention 1999, further to the general obligations of air carriers for compliance with the relevant health requirements.

Faqiang, Li and Elvina Abliakimova, ‘Safe ports: law, theory, practice under conditions of the COVID-19 pandemic’ (2020) 4 Lex Portus 7–34
Abstract: 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.

Gandhi, Manika, ‘Navigating Turbulent Skies: Insolvency and Bankruptcy in the Aviation Sector’ (2024) 14(3) IUP Law Review 107–119
Abstract: The aviation sector, essential for global trade, tourism, and cultural interaction, has evolved from a luxury to a vital economic component, generating billions annually. However, the Covid-19 pandemic has drastically reduced air travel demand and revenue, leading many airlines into financial distress, insolvency, and potential bankruptcy. This study examines the legal and policy frameworks addressing aviation insolvency, historical and contemporary causes of financial distress, and the impact on airline employees, clients, and suppliers. It evaluates government bailout programs and the role of aviation leasing companies and financiers in the bankruptcy process. Additionally, the study analyzes cross-border bankruptcy issues and their effects on global coordination. Besides discussing alternative funding and investment models for the industry’s recovery, the paper offers insights and recommendations for policymakers, to ensure the aviation sector’s long-term viability and resilience postpandemic.

Gubin, Alexey, Valeri Lipunov and Mattia Masolletti, ‘Political and Legal Aspects of the Covid-19 Pandemic Impact on World Transport Systems’ [no publication information provided]
Abstract: The authors of the article analyze the impact of the global COVID-19 pandemic on the transport and logistics sector. The research is interdisciplinary in nature. The purpose of the study is to identify and briefly characterize new trends in the field of transport and cargo transportation in post-COVID conditions.

Hadiningtyas, Retno, ‘The Legal Protection for Transport Passengers During the Covid-19 Pandemic’ (2021) 8(2) Jurnal Pembaharuan Hukum 232–244
Abstract: Transportation as a means of supporting economic development and community development and industrial growth needs to get the main attention when conditions enter the New Normal Era because Indonesia is still experiencing a high level of spread where the mode of transportation used by many people can be a medium of spreading the COVID-19 virus. The purpose of this research is to provide legal protection to passengers by the carrier as an effort to care about the safety, comfort, safety of passengers as users of transportation services that the carrier must protect by adjusting existing regulations and in its implementation required supervision from the Government and the public. This research is normative legal research that uses a legislative approach and is sourced from primary legal materials. The data was collected by studying libraries sourced from primary, secondary, and non-legal legal materials. The research results prove that the legal protection of passengers by the carrier can run well if the passengers consciously adhere to the Health Protocol and comply with government rules as a form of effort to maintain all transportation elements with all activities. So these efforts have an impact on preventing the spread of the COVID-19 virus that is increasing in Indonesia.

Jashari, Adnan and Stefani Stojchevska, ‘Intellectual Property Rights in Outer Space: How Can Pharmaceutical Companies Protect COVID-19 Vaccine and Immunotherapy Developments Aboard the ISS US National Laboratory?’ (2023) 26(2) The Journal of World Intellectual Property 227–258
Abstract: Believing that space pharmaceuticals might be the key to winning the battle against COVID-19, global pharmaceutical companies such as AstraZeneca and Sanofi Pasteur are currently collaborating with the International Space Station National Laboratory (ISS-NL) on research projects aiming to develop vaccine-and-immunotherapy products. The present legal regime for outer space, however, does not provide clear guidelines on safeguarding intellectual property rights (IPRs), due to the difficulties of reconciling the territorial nature of patent law and the nonterritorial nature of space law. Responding to such a legal gap, this research paper argues how pharmaceutical companies can protect such medical innovations by taking into consideration the international principles of space law addressing IPRs and extraterrestrial jurisdiction, as well as the legal regime of the ISS-NL. With the exception of the possibility of the barriers between the two areas of law not being insurmountable, the proposed COVID-19 TRIPS Waiver furthermore impacts space pharmaceuticals’ IPRs and commercialization, which leads to the identification of some advantageous forms of agreements, including the Joint Endeavor Agreement, the Space Act Agreement, as well as the Cooperative Research and Development Agreement, for pharmaceutical companies defined as agreement partners with the National Aeronautics and Space Administration.

Kamalnath, Akshaya and Hitoishi Sarkar, ‘Airline Insolvencies’ (SSRN Scholarly Paper No ID 3707823, 8 October 2020)
Abstract: An important aspect of business is the possibility of insolvency. India’s new insolvency law, the Insolvency and Bankruptcy Code, 2016 (IBC) has attempted to streamline insolvencies and facilitate restructuring; although there are particular issues for airline insolvencies. The issue of cross-border insolvencies further remains unaddressed in the IBC and is particularly relevant to airlines. This chapter aims to outline international best practices in corporate insolvency and also India’s approach; with a specific focus on the civil aviation sector.This chapter is divided into five parts. The first part is the introduction. The second part gives an overview of the goals of corporate insolvency and the legislative framework in India. Part III explores specific solutions for insolvencies of companies in the civil aviation sector internationally. Part IV details airline insolvencies in India and Part V concludes with some thoughts about the future legislative reform and development in India.

Kaye, Stuart, ‘Port Access and Assistance to Cruise Ships during the COVID-19 Pandemic’ (2020) 94(6) Australian Law Journal 420–426
Abstract: One matter that dominated headlines internationally and in Australia at the start of the COVID-19 pandemic was the situation of cruise ships and access to ports. Media coverage of large ships at sea, or in port under quarantine, was widespread, and the fates of these ships meant their names, such as Ruby Princess, Diamond Princess, and Westerdam, became common knowledge. This article considers the applicable law dealing with entry of ships into Australian ports and quarantine restrictions, as well as the circumstances wherein they can remain or be expelled, and what obligations exist to provide assistance.

Kismilarsih, Fatikhah, I Nyoman Putu Budiartha and I Gusti Bagus Suryawan, ‘Legal Responsibility Hotel Tourism Accommodation Company in Termination of Employment During the Covid-19 Pandemic’ (2023) 3(2) Journal Equity of Law and Governance 111–119
Jurisdiction: Indonesia
Abstract: The Covid-19 pandemic significantly impacted tourism accommodation companies, resulting in a drastic reduction in tourist visits and subsequent workforce layoffs, leading to terminations. Normatively, legal regulations have not comprehensively addressed the challenges arising from these terminations during the pandemic, leading to a legal vacuum regarding the responsibilities of accommodation companies towards terminated employees (rechtsvacuum). Empirically, the research focuses on analyzing the implications of legal protection on hotel and tourism accommodation workers facing termination due to the pandemic. This study employs a mixed-methods approach combining legal doctrinal and empirical research. Findings reveal the uncertain legal status of terminated workers in the context of hotel and tourism accommodation companies during the Covid-19 pandemic. Despite being sent home, these workers legally retain their employee status under the Job Creation Law, entitling them to monthly wages, allowances, and other associated rights. The regulatory framework addressing accountability for layoffs during the pandemic includes Article 156 of the Employment Law, Article 156 of the Job Creation Law, as well as PP Number 35 of 2021 and PP Number 37 of 2021. To enhance future accountability models for hotel and tourism accommodation companies regarding employment termination, an addition in paragraph (3) of Article 43 in PP Number 35 of 2021 is suggested specifically concerning laid-off workers’ rights and obligations.

Klein, Natalie, ‘International Law Perspectives on Cruise Ships and Covid-19’ (2020) 11(2) Journal of International Humanitarian Legal Studies 282–294 < https://brill.com/view/journals/ihls/11/2/article-p282_282.xml >
Abstract: Cruise ships have contributed to the spread of covid-19 around the world and State responses to the pandemic have needed to account for the presence of these ships in their ports and the medical treatment of both passengers and crew on board. This contribution outlines the key bodies of international law that must be brought to bear in deciding on State action in response to cruise ships and their covid-19 cases: the law of the sea, international health law, shipping conventions and especially treaties protecting the rights of seafarers, international human rights law and laws relating to consular assistance. While these laws tend to reinforce each other, it is argued that the need for humanitarian considerations to feature strongly in State decision-making is challenged by systemic weaknesses.

Lee, Jae Woon, ‘Government Bailouts of Airlines in the COVID-19 Crisis: Improving Transparency in International Air Transport’ (2021) 24(4) Journal of International Economic Law 703–723
Abstract: Coronavirus disease 2019 (COVID-19) presents the airline industry with unprecedented challenges that constitute no less than an existential threat. Given airlines’ importance in the economy, which includes providing connectivity, preserving jobs, and supporting related sectors, many governments have given local airlines enormous financial support since early 2020. Although it is well understood why many governments cannot allow their major airlines to shut down, the ongoing massive government bailouts can distort competition in the airline industry. This article analyzes various government bailouts of airlines in the COVID-19 crisis and discusses how these bailouts are creating a growing problem with fair competition in the international air transport market. While examining the unique regulatory framework of international air transport, the article recommends multilateral, bilateral, and unilateral rule-based approaches that can better serve economic governance of international air transport in the post-COVID-19 era. Although this article does not suggest major legal reforms, which would be too ambitious and unrealistic at this stage, transparency can be significantly improved through the recommendations provided here.

Majumder, Bodhisattwa and Devashish Giri, ‘Coronavirus & Force Majeure: A Critical Study (Liability of a Party Affected by the Coronavirus Outbreak in a Commercial Transaction)’ (2020) 51(1) Journal of Maritime Law & Commerce 51–63
Abstract: The article discusses the issues on the use of the force majeure clauses in commercial transactions due to the coronavirus pandemic when the virus is not explicitly included in the terms of agreement. Also cited are the clauses’ aim to eliminate the liabilities of both parties in a contract, a background of the pandemic that affected up to 24 countries, and the Principles of International Commercial Contracts detailing why the pandemic is a force majeure event.

Mason, Stephen, ‘Has the COVID-19 Pandemic Changed Travel Law Forever?’ (2023) ERA Forum (advance article, published online 21 June 2023)
Abstract: The author lists the key questions which the COVID-19 Pandemic has posed for travel law and asks how the courts have to date dealt with them, whether existing EU legislation remains fit for purpose, and what changes might be made.

Misridaputri, Syifa Salsabila, Isis Ikhwansyah and Purnama Trisnamansyah, ‘Port Closure Due to the Covid-19 Pandemic in the Law of Carriage of Goods By Sea and Unidroit Principles of International Commercial Contracts’ (2023) 6(2) Riwayat: Educational Journal of History and Humanities_
_Abstract: Port closure as an effort to slow the spread of the Covid-19 virus has had various impacts, such as port congestion which has led to delays and drastically increased transportation costs. This study examines the impacts caused by port closures and legal remedies that can be taken based on international sea transport law. Losses due to port closures cannot be borne by the carrier based on the conventions of sea shipping law as long as the carrier can prove that the fault was not his own. The closure of the port can be categorized as a hardship, in which there are fundamental changes that affect the agreement, namely the increase in shipping costs and delays. efforts that can be made based on the UPICC are renegotiation, and if it fails, the parties can seek a dispute settlement through the courts. In implementing the agreement, the parties must prioritize the principle of good faith and prove that the losses incurred and losses did not originate from themselves.

Montero-Pascual, Juan J, Matthias Finger and Teodora Serafimova, ‘Short- and Mid-Term Covid-19 Effects on the Aviation Sector: A Competition Law Perspective’ (European University Institute, Florence School of Regulation, RSC Policy Brief No 2022/08, 2022)
Abstract: On 19th March 2020, the European Commission adopted a Temporary Framework for State Aid measures, which is based on Article 107(3)(b)TFEU and complements other possibilities available to Member States to mitigate the social-economic impact of the COVID-19 outbreak in line with EU State aid rules, notably the possibility under Article 107(2)b TFEU to compensate specific companies or specific sectors for the damages directly caused by exceptional occurrences, such as the pandemic. The 17th Florence Air Forum, co-organised by the Florence School of Regulation’s Transport Area together with the Commission’s DG Competition, examined the hard impact of COVID-19 on the air sector while exploring possible ways forward to ensure its recovery. More specifically, it sought to analyse whether special needs exist in the short- and mid-term period, until the Aviation Guidelines are reviewed. Drawing on the policy debates, this brief explores investment aid and support to green investments for airports and airlines with a view to meeting the European Green Deal objectives. Furthermore, the brief looks at operating aid to regional airports, which have been particularly heavily hit by the crisis, and more specifically discusses how long these regional airports might need public support. Another aspect examined here concerns air connectivity, which constitutes an essential component of the European Single Market, as it can foster cross-border trade, promote economic growth and European integration. The pandemic’s impact on the sector has raised concerns about a substantial loss of air connectivity. In view of this, the brief reflects on the need to adopt a temporary set of rules in the short-term to restore connectivity after the COVID-19 outbreak and to adjust existing rules on start-up aid in the mid- and long-term. Last but not least, this policy brief delves into the timely topic of remedies in mergers. A new round of consolidation in the industry can be expected as a result of the financial difficulties of many airlines. In order to protect competition, effective remedies will have to be identified.

Mossop, Joanna, ‘Law of the Sea and the Pandemic: Humanitarian Principles under Siege?’ (2021) 39(1) The Australian Year Book of International Law Online 78–90
Abstract: In the COVID-19 pandemic two particular issues have arisen in relation to borders and the law of the sea: the right of ships—particularly cruise ships—to enter port and the ongoing restrictions on seafarers aboard merchant ships. In these cases, the sovereign interests of states in preventing the spread of a dangerous virus have been pitted against the humanitarian interests of those onboard the vessels. This article first describes the humanitarian concerns created by states’ responses to the emergence of COVID-19. It then discusses the various legal principles that apply to the situation, primarily the International Health Regulations, the doctrine of distress and the Maritime Labour Convention. Finally, it considers whether any lessons can be learned from this experience to hopefully lessen humanitarian problems if another pandemic happens in the future.

Mukhopadhyay, Mayukh, ‘CruiseLiners in the Time of COVID’ (SSRN Scholarly Paper ID 3827134, 15 April 2021)
Abstract: In this article, we discuss how the Cruise Industry had to voluntarily shut-down due to the outbreak of COVID Pandemic. We begin by studying the complex logistics the cruise-liners had to employ to disembark redundant crew members to various ports around the world. Then we highlight the dilemma and paradox involved in letting off the crew but not the ships for sustainable operations. Finally, we narrate how the industry survived on surplus cash to conduct bare minimum runaway operations and future challenges they might face from the tourism sector, even after vaccinated drive.

Okerman, Justin and Barbara Von Tigerstrom, ‘Any Port in a Pandemic: International Law and Restrictions on Maritime Traffic during the COVID-19 Pandemic’ (2021) Canadian Yearbook of International Law/Annuaire Canadien de Droit International (advance article, published 11 May 2021)
Abstract: The current international framework that purports to regulate the spread of communicable disease in the context of maritime traffic is a fragmented, internally inconsistent, and inadequately enforced patchwork of treaties (including the International Health Regulations (2005)) and customary international law. The COVID-19 pandemic has tested the current framework and revealed it to be inadequate to deal with a major global health emergency. States have imposed or failed to impose varying control measures, the effects of which have been witnessed on board passenger vessels around the world. The cruise industry, in particular, has a significant global economic impact; therefore, appropriate, enforceable international regulation is necessary to ensure the adequate control of future communicable disease outbreaks.

Pauzi, Suria Fadhillah Md, ‘Standard of Care Framework for Occupier during Pandemic Covid-19 (SOCO V.3): Reviving Tourism Through Understanding Law’ in Research & Design in Challenging Environment Series 2 (MNNF Publisher, 2021) 115-121
Abstract: The tourism industry has been impacted hard by the Covid-19 outbreak and the measures put in place to stop it spreading. Countries including Malaysia are turning to build recovery strategies in an immediate effort to support the tourism sector. Restructuring the tourist sector by creating green bubble and restoring visitor’s trust on safety in travel and tourism are among measures taking by the government in tourism recovery plan. The main objective of this product is to impart legal knowledge and awareness in tourism industry players pertaining to their obligations and liabilities in managing the influx of visitors. The novelty of this product stems from its unified legal framework, which minimises the difficulty of learning and interpreting the laws by combining the legal standard of care with the government’s most recent Standard Operating Procedures. In addition, infographics on types of visitors as recognised by law and different legal obligation to be adhered by the tourism players are integrated in SOCO v.3 to give an insight to the concerned parties pertaining to the legal liabilities provided by tort law while a checklist is offered for the parties to systematically evaluate and assess their observance to relevant rules and regulations. This unified framework can be used as a reference for tourism businesses to run their operations and avoid future lawsuits. This framework is easily marketed because it comes in the form of an e-brochure that contains up-to-date legal information on current issues during Covid19, which is a once-in-a-lifetime event. In term of benefit, SOCO V.3 provides pertinent legal information in preparing the tourism players to a soft opening while supporting tourism to survive in a new norm. Besides that, it encourages sustainable tourism by restoring visitor’s confidence through adherence to laws, regulations, and standard operating procedure by the tourism players.

Power, Vincent, ‘COVID-19 / Coronavirus and European Union Shipping Law: An Interim Analysis’ (2020) 26(1) Journal of International Maritime Law 14–31
Abstract: This article seeks to assess how the European Union has responded so far to the COVID-19/ Coronavirus Crisis in terms of various aspects of EU shipping law. It begins with a short overview of the general EU response to the crisis so as to set the context and then considers the various issues thematically including issues of health, repatriation, state aid, passenger rights, restrictions on travel and movement, the shipment of waste and port charges.

Pozdnyshov, Alexey N et al, ‘Metamorphoses of the System of Sectoral and Institutional Principles of Administrative Law Through the Prism of Ecological Economics: Problems and Prospects of Their Solution in the Context of the COVID-19 Pandemic’ in Climate-Smart Innovation (World Scientific, 2022) 187–197
Abstract: The chapter focuses on the problems of administrative liability of legal entities in cases of administrative offenses in the field of transport. The authors explore the trend of increasing the number of principles of administrative responsibility and its individual institutions in the context of globalization and convergence of administrative law. The principles that are not fixed by law but exist due to doctrine and judicial practice are studied. The issue of the implementation of state policy in the field of passenger transportation in the context of the spread of coronavirus infection (COVID-19) is revealed. In this chapter, the constitutional right to judicial protection is considered through the prism of cases of administrative offenses. The aspect of providing high-quality passenger transportation services and fully meeting the population’s needs in this direction is investigated.

Rachmat, Muhammad Nursultan and Wasis Susetio, ‘Legal Analysis in Airlines Business Over Middle of Covid-19 Pandemic at Indonesia’ (2021) 5(4) Journal of Multidisciplinary Academic 315–320
Abstract: Aviation is an inseparable part of every country’s transportation which has dropped dramatically in the wake of the COVID 19 pandemic. Private airlines in Indonesia can continue to operate during the pandemic with passenger numbers are limited by the government about 40% -70%. As the result, high expenses in the cost and declining revenues. Consequently, in a reduction of employee’s number and a reduction employee’s salaries in the salaries who were still in the private aviation sector. Through PERPU No. 1 of 2020, the government provides financial assistance to help the private companies through Bank Indonesia. However, with the help of this regulation, a legal vacuum is created in its implementation in the aviation world to make facing the pandemic in Indonesia. In this situation, aid funds can be misused and misused. In order to avoid further consequences, regarding to the death of private airlines in Indonesia that affecting to all Indonesians people, it is necessary to bring more government attention as a form of solidarity with others. Stakeholders and Indonesian compatriots through a strategic sector policy and to create its implementation. In this case, the central government and the Directorate General of Civil Aviation can learn from other countries by proposing policies such as injection of funds with emphasis on the requirements of continuity of workers’ employment contracts, in negotiating payment for aviation fuel, obtaining tax breaks and incentives for lower tariffs for airport services and other policies in the operational sector to encourage the expansion of aviation activities in Indonesia for survive and alive.

Ravich, Timothy, ‘International Aviation Law and Pandemic’ (2021) 86(4) Journal of Air Law and Commerce 585–622
Abstract: Commercial airplanes are vectors of infectious disease, advancing, if not sparking, global epidemics and potentially pandemics by exporting pathogens from endemic areas of the world to non-endemic places. For example, according to the global scientific community, the Zika virus was introduced to the Americas by air travel. Researchers also believe that infected mosquitos on international flights contributed to the worldwide spread of malaria, Middle East Respiratory Syndrome, and the West Nile virus. Most recently, governmental authorities worldwide, in addition to issuing national or local shelter-in-place orders, closed their borders and grounded nearly all international air travel on account of the COVID-19 virus. Such state action raises interesting questions at the intersection of health care and mobility. The severity of recent world events and their specific relationship to international airline travel has generated substantial (albeit inconclusive) scientific literature about passenger-to-passenger and crew-to-passenger viral transmission in commercial aviation. However, analysis of the corresponding legal risks for air carriers, if any, associated with the transmission of infectious disease aboard aircraft are surprisingly understudied. This Article examines whether air carriers are or should be liable under international law to passengers who contract infectious diseases aboard their aircraft. For example, in addition to the obvious scenario of a passenger contracting an illness from the air cabin environment, several other claims related to the transmission of communicable diseases like COVID-19 are plausible in this regard. Passengers could conceivably sue an air carrier for failing to take certain precautions, such as warning passengers of the risk of contracting a disease. Alternatively, an air carrier’s alleged failure to pre-screen or deny boarding to passengers who exhibit symptoms of ill health may give rise to a lawsuit. Not having or employing contract tracing protocols to notify passengers of potential exposure might also support lawsuits against air carriers. Operational failures of high-efficiency particulate absorbing (HEPA) filters, for instance, also theoretically may expose air carriers to liability, as may the failure of an air carrier to comply with relevant international health regulations and guidance documents. Finally, passenger–plaintiffs might succeed in convincing courts to award money damages where the actions—or inactions—of an air carrier fail to safeguard the hygiene of aircraft cabins effectively. The language, objectives, and drafting history of the Warsaw Convention of 1929 and Montreal Convention of 1999 (Conventions) appear to broadly support a finding of liability against an air carrier for the transmission of infectious disease in certain circumstances. Still, the adjudication of claims under the Conventions likely will produce highly variable textual interpretations unmoored to any controlling legal precedent—in contravention of the international aviation community’s goal of uniformity. As such, this Article posits that even if the language, policy, and existing case law related to the Conventions arguably support a finding of liability, administrative and policy reasons mitigate in favor of exonerating air carriers from claims seeking damages arising from the transference of communicable diseases aboard aircraft in the international carriage. In all, this Article’s relevance is greatest for aviation practitioners and courts adjudicating claims under the Conventions in the context of COVID-19 or future global health care crises involving international aviation. That said, this Article may also hold interest for a broader audience seeking to understand legal and policy problems confronting global firms under private international law in post- and (perhaps) future-pandemic periods.

Ringbeck, Jürgen and Tim-Maximilian Koenig, ‘The Impact of COVID-19 on the Path to Climate Neutral Air Transport: An Empirical Investigation’ (SSRN Scholarly Paper ID 3856596, 30 May 2021)
Abstract: The COVID-19 crisis still has a firm grip on the aviation industry after global air traffic slumped to 66% below the previous year’s level in 2020, and many airlines could only be saved from bankruptcy by special loans or direct state equity investments. At the same time, there is increasing pressure on airlines to accelerate the decarbonization of the sector. Recently, many countries, such as China, the EU, and the US have significantly tightened their climate targets. Air travel is considered a particularly damaging form of travel since before Greta Thunberg’s ‘Friday for Future’ movement. As a result, aviation will be expected to make a stronger contribution to decarbonization going forward. The question is how air transport, which has been badly hit by the COVID-19 pandemic, can succeed in converting to climate-neutral flying. An international survey conducted in the fall of 2020 with more than 220 aviation experts and senior managers provides interesting insights and concrete advice on how a path to climate-neutral air transport can be designed and which new risks need to be considered in particular on this path.

Rockwell, Casey and Chad G Marzen, ‘Justice on the High Seas: Nonpecuniary Damages and the Death on the High Seas Act’ (SSRN Scholarly Paper No 4761616, 16 March 2024)
Abstract: The COVID-19 pandemic has brought forth many discussions on liability issues. The Death on the High Seas Act currently prohibits recovery of ‘loss of society’ or ‘loss of consortium’ nonpecuniary damages. This Article contends that in the wake of the coronavirus pandemic, with the harsh results of the application of DOHSA in coronavirus cases, Congress has an opportunity to amend DOHSA. Allowing recovery of nonpecuniary damages in DOHSA cruise line cases, advocated for by a bipartisan group of lawmakers, will provide consistency and fairness to DOHSA.

Saari, Che Zuhaida, ‘An Early Analysis of Malaysian Law on Drone Operations for COVID-19 Pandemic’ (2020) 3(1: Special Issue-Syariah and Law in Facing COVID-19: The Way Forward) INSLA E-Proceedings 50–60
Abstract: COVID-19 or Coronavirus 2019 is a contagious disease that is distressing the world today. It was first detected in mid-December 2019 in Wuhan, Hubei, China. On March 11, 2020, the World Health Organization (WHO) declared it as a world pandemic. A total of 36 237 403 cases have been reported to the WHO (as of October 9, 2020) involving 1 054 868 deaths from various countries. While the number of cases in Malaysia is 14 722, with 152 deaths. Various initiatives have been and are being made by the Malaysian government in addressing the crisis including the Movement Control Order (MCO) and Recovery Movement Control Order (RMCO). This paper discusses how drone technology has been used in assisting the Malaysian government to ease the burden of COVID-19 transmission. A special analysis is made to relevant Malaysian laws. The discussion begins with an explanation of the status of COVID-19 in Malaysia and some prevention methods that have been taken by the government. It then focuses on the role of drones in controlling the disease transmission. It provides some legal analysis regarding the use of drones in the context of restraining the spread of COVID-19 in the country. Lastly, it ends with some legal implications, recommendations and improvements. The methodology used is by analysing the Malaysian Civil Aviation Regulations 2016 and references are made to relevant news. This paper accomplishes that the use of drones in dealing with the COVID-19 pandemic is a wise and judicious endeavour which can be further enhanced in Malaysia.

Schultz, Suzanne, ‘The Buffet Doesn’t Stop Until Covid-19 Walks In: How the Hands-off Approach of Flag States Exposed Legal Nightmares Onboard Cruise Ships During a Global Pandemic and Why Changes Must Be Made’ (2022) 13(1) George Mason International Law Journal 1–22
Abstract: Through the lens of the Covid-19 pandemic, this comment will argue that the flag of convenience system led to the ensuing chaos after no-sail orders were issued because the cruise industry could not respond adequately to the crisis on its own. Flag states bore little to none of their legal burdens while leaving the nightmare of docking, repatriation, and subsequent lawsuits for cruise companies and port states to solve.25 Crew members and passengers were also severely impacted by the events and were left with no significant means of recourse by either the flag states or the cruise lines.26 In an ideal world the flag of convenience system would be abandoned, but that is extremely unlikely given the power and influence the Cruise Lines International Association27 holds and the fact that cruise ships rely on the low administrative costs and almost complete control that results from being registered to one of the traditional flag states.28 Instead, this comment proposes that powerful states, especially the United States, should expand its legal jurisdiction for cruise lines headquartered in its state or work with other major states to create an international tribunal for claims stemming from cruise ships to provide stronger legal remedies for passengers and crew members.

Seta, Makoto, ‘Compulsory Insurance for Cruise Vessels as a Preparation for the next Pandemic: Law of the Sea Perspective’ (2023) 152 Marine Policy Article 105586
Abstract: During the COVID-19 pandemic, many port states faced difficulty when cruise vessels with COVID-19 patients tried to dock at their ports. Although they are basically not obliged to accept such vessels under international law, they cannot easily deny access because the refusal would be viewed as a lack of humanitarian consideration. On the other hand, accepting such vessels leads to the risk of exposing their own nationals to COVID-19 and incurring the financial cost of medical treatment for cruise passengers. In fact, in the cases of Diamond Princess, Costa Atlantica, and Zaandam and Rotterdam, the question of who should take on the financial burden for medical costs of crews and passengers on board these vessels was debated. The current international legal framework does not provide any answer to this question, and therefore, a new framework is needed. If the new framework allocates the economic burden to ensure the provision of tests and medical care so that an intolerably heavy burden is not imposed on port states, they will be more welcoming to cruise vessels with infected people. Such allocation could be realized by requesting that carriers provide a compulsory insurance system for medical care in a pandemic.

Šimunović, Lidija and Dubravka Aksamovic, ‘The Temporary Framework for State Aid and Competition Law Enforcement in the Air Transport Sector during the COVID-19 Crisis’ (2021) 5(1) EU and comparative law issues and challenges series (ECLIC): Special Issue - Competition Law (In Pandemic Times): Challenges and Reforms_
_Abstract: Paper provides for a systematic overview of the EU temporary scheme for the State aid and Public service obligation rules applicable to the air transport sector during pandemic. The air transport sector, along with the tourism and service sector, is among the economic sectors that are probably the most affected by the COVID-19 crisis. According to some estimations, the drop in passenger traffic in April 2020 compared to April 2019 rose up to 94.4%. In order to help air transport companies in Europe to overcome the financial troubles, to preserve jobs, to ensure the basic connectivity for passenger during COVID-19 crisis and to secure supply of essential food, medicals or other items EU Commission adopted a special legislative instruments allowing that way member states to support their air transport industry. Since in normal circumstances such practice would be considered as prohibited State aid the intention of this paper is, firstly, to analyse in what situation and under what conditions member states are under temporary State aid scheme entitled to support air transport sector during pandemic. Secondly, to explore to what extent and for what purposes different member states granted State aid to their airline industry. Special focus will be on the State aid measures provided by the Croatian government to Croatian Airlines. Authors will examine whether these state aid was in line with the EU temporary competition law and the legal framework for state aid. In the conclusion, authors will, in light of Ryan air allegations bring their own views as to whether thereby the member states with regard to State aid contrary to rules prescribed by the EU Commission’s Temporary framework.

Stefoudi, Dimitria, ‘Space Data in the Fight against Pandemics: Privacy Concerns and Sharing of Benefits from the Use of Space Technology for Decision-Making’ (2020) 45(Special issue) Air and Space Law 108–121
Abstract: The fast and continuous collection and distribution of information are essential for decisionmaking in the first-response phase, as well as in the constant monitoring during and after the peaks of the Coronavirus Disease-2019 (COVID-19) outbreak. Particularly in times of emergency that require immediate reaction on behalf of local and global authorities, it is important that their reaction is based on reliable information. The unique features of satellite technology, which enable the steady flow of accurate near real-time data, have granted it a vital role in the fight against the COVID-19 pandemic. This article will address the uses of space data for public health and their legal implications, particularly in terms of privacy and access to data.

Sulaiman, Siti Sarah et al, ‘The Effects of Immigrant Workers and Covid-19 Pandemic on Kuala Lumpur as A Tourism Destination: A Legal Analysis’ (2022) 12(10) International Journal of Academic Research in Business and Social Sciences 827–840
Abstract: An unfavourable truth about the immigrant population that colonised Kuala Lumpur was exposed during the COVID-19 pandemic. This phenomenon contributes to the declining ability of the tourism industry to generate revenue. Local tourists are less likely to book accommodations in tourist destinations due to the presence of immigrant colonies that have reportedly violated the COVID-19 vaccination programme, which has a detrimental effect on the tourism industry. The paper aims to analyse the problems faced by the authorities in controlling the immigrants and managing this tourist destination, especially post-COVID-19. The qualitative data were gathered through doctrinal study and semi-structured interviews, whilst a survey was chosen as the quantitative data method. Later, qualitative and quantitative data were triangulated and analysed using specific coding and themes. The study discovered that the immigrant influx in the centre of Kuala Lumpur negatively impacted the tourism industry. Other than cleanliness, dilution of local identity and safety were two significant issues requiring reformation of the existing laws. The output of this research may assist the policy maker, administrator, tourism operator and the government in identifying the proper aftermath of COVID-19 resolution tailored to the actual problem in the tourism industry.

Sun, Siqi and Lijun Liz Zhao, ‘Legal Issues and Challenges in Addressing the Coronavirus Outbreak on Large Cruise Ships: A Critical Examination of Port State Measures’ (2022) 217 Ocean & Coastal Management 105995
Abstract: International cruises have drawn worldwide attention since the outbreak of coronavirus (COVID-19). This article first examines the legal issues, challenges and impact of the pandemic on large cruise ships, like the Diamond Princess, and then probes into corresponding pandemic preventive measures which port states employ. A State is obliged under the International Health Regulations 2005 (IHR) to grant foreign cruise ships free pratique, but there is an exception when public health emergencies of international concern occur. Therefore, this article argues that a port state is not obliged to allow foreign cruise ships to dock at its port at the cost of its domestic public health safety. Regarding the Diamond Princess, the Japanese government has undertaken pandemic preventive measures upon passengers on board the ship and complied with its domestic laws, including the Japanese Quarantine Act. This article further evaluates whether a port state’s pandemic preventive measures concerning cruise ships are appropriate from the perspective of law. More importantly, it is necessary to consider the characteristics and specialities of international cruise ships to improve future pandemic preventive measures against large passenger ships and cruise passengers.

Sztandera, Andrzej et al, ‘Ethical and Legal Dilemmas in Management: The Case of the Tourism Industry During the COVID-19 Pandemic’ (2024) 17(3) European Research Studies 746–764
Abstract: The purpose of this article is to analyse situational dilemmas in organizational management. A dilemma is now a fundamental analytical tool in managerial ethics. The authors focus on the issues faced by the tourism industry during the COVID-19 pandemic, as this sector and time have concentrated key dilemmas of business ethics like a lens. The primary characteristics of situational dilemmas (complexity, unpredictability, decision-making risk, stress, and time pressure) position them at the centre of contemporary management psychology.

Tarr, J, A Tarr and K Paynter, ‘Transport, Drones and Regulatory Challenges: Risk Accountability Meets COVID Fast Tracking of a Critical Industry’ (2020) 48(2) Australian Business Law Review 202–211
Abstract: Drone use in commercial contexts has increased exponentially over the last several years. In the context of COVID-19 contagion and isolation restrictions, use and deployment technology has benefitted multiple users and operators as well as the wider community. While bringing new horizons in efficiency, the rapid upswing in use hastens the need for well thought out and properly integrated regulation. This article provides an overview of fast-tracked legislation in the form of the Civil Aviation Safety Amendment (Remotely Piloted Aircraft and Model Aircraft – Registration and Accreditation) Regulations 2019 (Cth). Promulgated in July 2019, in response to recommendations from the 2018 Senate Inquiry into drone operations, the legislation responds in limited ways to drone registration and training requirements. The article outlines the current landscape, proposed changes and additional essential steps to achieve optimal outcomes both in terms of safety and cost for drone operators and the wider community.

Thanvi, Irfan Ali, ‘UAE Legal Amendments During the Covid-19 Pandemic’ (2022) 7 Law & Political Review 109–127 (see pages 117-118)

Uppiah, Marie Valerie, ‘The COVID-19 Pandemic: An Opportunity for African States to Review Their Shipping Industry Strategy’ (Afronomicslaw COVID-19 Symposium on International Economic Law in the Global South (May 2020), Symposium I: International Trade & International Investment Law & Policy)
Abstract: This article aims at examining the significance of international commercial shipping for economic activities worldwide. It also purports to examine the current situation of this industry during the covid-19 pandemic. Furthermore, the article addresses the important role of commercial shipping for African landlocked and coastal States and the need for further developing this sector. :

Vasilj, Aleksandra, Biljana Činčurak Erceg and Aleksandra Perković, ‘Air Transport and Passenger Rights Protection During and After the Coronavirus (COVID-19) Pandemic’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic)EU and Comparative Law Issues and Challenges Series (ECLIC) 293–325
Abstract: A pandemic caused by the COVID-19 has caused disorders and enormous damage in all modes of transport. Carriers as well as transport users have faced great challenges of maintaining traffic. Measures and requirements imposed on them were often obscure, imprecise, and the journey itself was uncertain. Passengers were in fear of whether they would be able to reach their destination, but also whether they will succeed in preserving their health. Carriers, on the other hand, have also sought to adapt and provide passengers with safe transport. Nevertheless, the pandemic caused financial collapse of many carriers, landed the world fleet and closed many airports. Various legal instruments related to the protection of public health are applied in air transport, and they have been adopted within the framework of the World Health Organisation (WHO), the International Civil Aviation Organisation (ICAO) and the European Aviation Safety Agency (EASA), which will be presented in the paper. Various epidemiological measures related to the COVID-19 coronavirus pandemic have been prescribed in air transport, applicable during the journey, which have certain specifics in relation to other modes of transport. The paper will present epidemiological measures as well as the procedure applied when there is a passenger on the flight who shows symptoms of an infectious disease, and new procedures related to transport of goods. It will also address the obligation to complete certain forms and provide various information as well as the obligation to compensate costs for cancelled flights. There is no doubt that the COVID-19 pandemic has a significant economic impact on air transport, and efforts will be made to present measures and provide forecasts for the recovery of air traffic in the period that follows. The paper will also address the question as to whether existing legislation and measures are appropriate, whether relevant international organisations have taken prompt measures to protect and ensure air transport during the pandemic, and whether sufficient measures have been taken to protect the health of passengers on the flight.

Vasina, Svetlana, Aleksey Kuskov and Elena Shestakova, ‘Features of Economic and Legal Regulation of Development of Russian Tourism during Pandemic Period’ in Proceedings of the 2nd International Scientific and Practical Conference ‘COVID-19: Implementation of the Sustainable Development Goals’ (SCITEPRESS - Science and Technology Publications, 2021) 49–54
Abstract: In the presented paper, the features, directions and problems of economic and legal regulation of the development of Russian tourism in the context of the coronavirus pandemic are identified, measures of state support for the tourism industry are analyzed, directions for reforming the legislation on tourism activities in the coronavirus period are highlighted, and the relevant law enforcement practice is studied. Special attention is paid to the analysis of the existing measures of state support for the tourism industry in the leading foreign countries in terms of tourism, the identification of models of state tourism policy in the new economic reality. On the basis of the studies carried out, conclusions are drawn about the need to improve the efficiency of existing measures of state support for the tourism industry in Russia and to further reform the current tourism legislation.

Voudouris, Ioannis and Nicholas G Berketis, ‘The Impact of COVID-19 Pandemic on Ship Operations, Ports, and the Rights of Seafarers’ in Vasiliki Karagkouni (ed), The Impact of the Covid-19 Pandemic on Human Rights: Collective Research Project (Logos Verlag Berlin, 2024) 93 [OPEN ACCESS E-BOOK]

Zhao, L and S Sun, ‘Legal Issues and Challenges in Addressing the Coronavirus Outbreak on Large Cruise Ships: A Critical Examination of Port States Measures’ (2021) Ocean and Coastal Management (forthcoming)
Abstract: International cruises have drawn worldwide attention since the outbreak of coronavirus (COVID-19). This article first examines the legal issues, challenges and impact of the pandemic on large cruise ships, like the Diamond Princess, and then probes into corresponding pandemic preventive measures which port states employ. A State is obliged under the International Health Regulations 2005 (IHR) to grant foreign cruise ships free pratique, but there is an exception when public health emergencies of international concern occur. Therefore, this article argues that a port state is not obliged to allow foreign cruise ships to dock at its port at the cost of its domestic public health safety. Regarding the Diamond Princess, the Japanese government has undertaken pandemic preventive measures upon passengers on board the ship and complied with its domestic laws, including the Japanese Quarantine Act. This article further evaluates whether a port state’s pandemic preventive measures concerning cruise ships are appropriate from the perspective of law. More importantly, it is necessary to consider the characteristics and specialities of international cruise ships to improve future pandemic preventive measures against large passenger ships and cruise passengers.

Zhavoronkov, Vladimir and Matthias Middell, ‘European Transport Strategy: Legal Improvement and New Challenges’ (SSRN Scholarly Paper No 4115559, 14 March 2022)
Abstract: On 9 December 2020, the European Commission presented its new mobility strategy, charting a course for shipping and the rest of the EU transport sector out of the COVID-19 crisis. As explained, the Sustainable and Smart Mobility Strategy lays the foundation for how the EU transport system can achieve its green and digital transformation and become more resilient to future crises. As outlined in the European Green Deal, the result will be a 90% cut in emissions by 2050, delivered by a ‘smart, competitive, safe, accessible and affordable transport system’.

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