What is it about?
Faced with the ever rising death toll of migrants at sea, this work examines the international legal arsenal which obliges States and other actors to come to the rescue of migrants at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who intentionally endanger their lives at sea while ensuring that these rights and obligations are not abused. The work therefore examines the numerous international instruments and doctrine in varying legal domains of international law. This volume compares the protections required of actors as well as their application by different States.
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Why is it important?
In 2023 alone, more than 47000 migrants traversed the Mediterranean, up from 18000 in 2022; with more than one-third losing their lives or getting lost at Sea. The shocking attitude of sea actors and some coastal States who justify their inhumane decision to abandon distressed migrants at sea needed to be addressed. Carola Rackete was dragged to Italian courts for forcefully rescuing distressed migrants in her MV Sea Watch ship, while the Greek coastline guards claimed to have taken measure to assist distressed migrants off her coast, who eventually dies in great numbers. It is pivotal to clarify the position of International Law and acquit it from the pseudo trial it endures in the hands of inhumane sea actors who abandon distressed migrants to the hostile natural conditions of the sea.
Perspectives
In order to ensure an even better protection of migrants at sea, this volume should serve as foundation for even deeper legal analysis which dissipate the cloudy interpretations used by certain actors to breach their legal obligations to assist migrants in distress at sea. Thus, legal concepts and treaties can be applied with greater precision to better protect the vulnerable humans at sea. The disparity in treatment by certain national, regional and international actors should be considerably reduced. Ultimately, the long-term solution will be to address the socio-economic push and pull factors which oblige these migrants to confront the sea without the appropriate equipment.
NIBA FONTOH
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This page is a summary of: Preliminary Material, November 2023, De Gruyter,
DOI: 10.1163/9789004685116_001.
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