41 Pages Posted: 29 Sep 2011
Date Written: September 27, 2011
The challenges posed by undocumented migration should not be underestimated, nor should the practical difficulties of ensuring the rights of migrants who are rescued at sea and whose fate, to a large extent, depends on international negotiations with other countries for their disembarkation and their repatriation. The present paper examines this delicate issue through the lens of the institution of State responsibility. The purpose is to delineate the different legal frameworks governing the rescue of migrants at sea and discuss the various cases, in which the responsibility of either the flag State or the coastal States would arise under international law.
Keywords: Rescue at Sea, High Seas, Law of the Sea Convention, Non-Refoulement, State Responsibility
Suggested Citation: Suggested Citation
Papastavridis, Efthymios, Rescuing Migrants at Sea: The Responsibility of States Under International Law (September 27, 2011). Available at SSRN: https://ssrn.com/abstract=1934352 or http://dx.doi.org/10.2139/ssrn.1934352