The Concept of ‘Place of Safety’: Yet Another Self-Contained Maritime Rule or a Sustainable Solution to the Ever-Controversial Question of Where to Disembark Migrants Rescued at Sea?
2016 (English)In: Australian Year Book of International Law, ISSN 0084-7658, Vol. 33, 81-129 p.Article in journal (Refereed) Published
International law requires that everyone rescued at sea shall be disembarked and delivered to a ‘place of safety’. However, neither the treaties that establish this requirement nor any other treaty define what is meant by ‘place of safety’. When refugees and migrants are rescued at sea considerations of international human rights law and international refugee law as well as of international law against transnational organized crime are of principal concern. This article examines the concept of 'place of safety' and argues that it needs to be interpreted in the wider context of international law, so that other relevant and applicable rules of international law are taken into account. The article provides an exploratory discussion of the interpretation of the concept of 'place of safety', seen particularly against the background that many of those rescued at sea are refugees and migrants. The article also comprises discussions of the duty to rescue those in distress at sea, the basic rules on interpretation of treaties and the legal framework for rescue of migrants at sea. The analysis is illustrated by references to Australian legislation, state practice and case law.
Place, publisher, year, edition, pages
Canberra: Australian National University, Faculty of Law, Centre for International and Public Law , 2016. Vol. 33, 81-129 p.
law of the sea, international refugee law, human rights, refugees, migrants, boat people, maritime search and rescue, rescue at sea, Australia, border control, coast guard, non-refoulement
havsrätt, flyktingrätt, mänskliga rättigheter, flyktingar, migranter, båtflyktingar, sjöräddning, Australien, gränskontroll, kustbevakning
Law and Society
Research subject Public International Law
IdentifiersURN: urn:nbn:se:su:diva-131292OAI: oai:DiVA.org:su-131292DiVA: diva2:937305
Tidskriften finns med i tidskriftlistan i DiVA men med felstavat namn. Tidskriftens riktiga namn är Australian Year Book of International Law.2016-06-152016-06-152016-06-15Bibliographically approved