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- Title
Remedying a Legal Black Hole: The Future of Human Rights Jurisdiction in the Mediterranean Sea.
- Authors
Beuscher, Alison
- Abstract
The coastal States of the Mediterranean Sea tend toward a steady decrease in their search and rescue capacities. When a migrant boat sends out a distress signal, many ships in its vicinity either ignore it, merely observe the ship, or even move away from it. Rather than allowing people in distress onto rescue boats, the coastal States control the activity from a distance via, for example, mere distress calls. This lack of action occurs despite their legal obligation to protect under the law of the sea. Due to a maritime legal black hole, those stranded are effectively rendered rightless. This article examines whether a new jurisdictional approach may serve as a remedy and explores an intermediate design. It will assess this jurisdictional approach based on progressive Inter-American Court of Human Rights and Human Rights Committee cases while bearing in mind potential advantages and drawbacks.
- Subjects
INTER-American Court of Human Rights; LEGAL remedies; BLACK holes; HUMAN rights; OBEDIENCE (Law); RESCUE work; HUMAN smuggling
- Publication
Goettingen Journal of International Law, 2024, Vol 14, Issue 1, p35
- ISSN
2198-4875
- Publication type
Article
- DOI
10.59609/1868-1581-14-1-beuscher