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Protection of Human Life at Sea in International Law: Rescuing Maritime Migrants

Protection of Human Life at Sea in International Law: Rescuing Maritime Migrants

Author: Aphrodite Papachristodoulou
Publisher: Routledge
ISBN: 9781032940083
Published In: June 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

This book exposes the human rights violations against migrants attempting to cross the Mediterranean Sea, critiques the inadequate European legal responses, and strongly advocates for the development of a framework for operationalising 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 State human rights responsibilities.

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.

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 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