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The International Legal Protection of Migrants at Sea: A Comparison of International, Regional and National Responses

The International Legal Protection of Migrants at Sea: A Comparison of International, Regional and National Responses

The International Legal Protection of Migrants at Sea: A Comparison of International, Regional and National Responses

Author: Niba Fontoh
Publisher: Brill Nijhoff
ISBN: 9789004685093
Published In: November 2023
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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Faced with the migration crisis which has turned the sea into a graveyard for sea migrants, this book addresses the issue by examining the international legal framework which enjoins States and other actors at sea to come to the rescue of migrants in distress at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who willingly and intentionally endanger their lives at sea, while ensuring that these rights and obligations are not abused. Multifarious branches of International Law defend this position.

Abbreviations

Abstract

Keywords

Introduction

Section 1: The Obligation to Assist Those in Distress at Sea Enshrined in International Law

Part 1: The Obligation to Assist under International Maritime Law and the International Law of the Sea

Part 2: The Safe-Guarding of the Obligation of Assistance Even with the Smuggling of Migrants at Sea

Section 2: International Law Recognizes the Right to Shelter for All Migrants by Sea

Part 3: The Right of Refuge for Any Shipwrecked Person

Part 4: The Cardinal Principle of Non-refoulement and the Legality of Interceptions

Part 5: The Legality of Interceptions

Part 6: Application of Non-refoulement in Asylum Seeking

Part 7: Refugees at Sea - What Rights and Where?

Conclusion

Bibliography

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