Full Description
The law of the sea imposes a long-established duty to rescue persons in distress, which connotes one of the most important tools in safeguarding safety of life at sea. Other rules of international law, namely, international human rights and refugee law also come into play in drawing the legal parameters for the conduct of rescue operations.
Amid the thousands of people undertaking perilous sea journeys in search of safety, European legal responses have primarily focused on the securitization of migration. This book exposes the human rights violations that may be perpetrated against migrants attempting to cross the Mediterranean and strongly advocates for the development of a framework for operationalizing the protection of human rights - and life - at sea. It combines theory and practice in which philosophical theories of rights are applied to create a framework for legal analysis and the development of practical legal standards. The study presents an innovative evaluation of selected judgments of the European Court of Human Rights and other international human rights bodies pertaining to complex questions of extraterritorial jurisdiction and a State's human rights obligations towards persons in distress at sea.
The book will be of interest to all those engaging with migration and security studies, international human rights scholarship, international law of the sea, refugee and migration law and legal philosophy, whether generalist or specialist.
Contents
Preface, Giovanni Bonello, former judge of the European Court of Human Rights; Introduction; 1. Irregular Migration in the Mediterranean Sea; 2. The Duty to Render Assistance to Persons in Distress at Sea and the Search and Rescue Regime under International Law of the Sea; 3. The Right to Life under International Human Rights Law; 4. Recognizing a Right to be Rescued at Sea; 5. A Functional Understanding of Human Rights Jurisdiction; 6. The Place Where We Stand; Bibliography
