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The International Legal Protection of Migrants at Sea: A Comparison of International, Regional and National Responses: Brill Research Perspectives in International Law / Brill Research Perspectives in Comparative Discrimination Law

Autor Niba Fontoh
en Limba Engleză Paperback – 20 noi 2023
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.
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Specificații


Notă biografică

Niba Fontoh holds a PhD in Public International Law, a Legal Assistant with the International Court of Justice and a consultant for both National and International institutions.

Cuprins

Contents
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