The International Legal Protection of Migrants at Sea
A Comparison of International, Regional and National Responses
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Abstract
Faced with the migration crisis which has caused so many deaths of migrants at sea, 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 treatment of migrants at sea can unarguably be considered as biased and unequal with some migrants enjoying far more humane treatment than others owing to their status and other discriminatory criteria. This 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. The protection of migrants at sea has been addressed by numerous international legal instruments and doctrine in varying legal domains of International Law like Maritime Law, Law of the Sea, International Human Rights Law, Humanitarian Law, International Criminal Law, International Refugee Law, and International Law against Transnational Organised Crime. This volume compares the protections required as well as their application by nations.