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Maritime Legal Black Holes: Migration and Rightlessness in International Law

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Abstract

This article explores the trope of the 'legal black hole' to reveal questions of legal theory arising from contemporary migrant drownings. The theme was popularized during what was then called the 'war on terror', but its trajectory is longer and more complex. Its material history, as well as its intellectual history within legal scholarship, suggest three distinct 'legacies' of legal black holes: the counterterrorism legacy; the migrant-detention legacy; and the legacy of the maritime legal black hole. The tripartite division provides a conceptual typology of instances where persons are rendered rightless. While the two former types are characterized by de facto rightlessness due to a violation of international law, the latter exposes a seldom acknowledged, yet crucial, characteristic of international law; the age-old doctrine on the division of responsibilities between states and individuals at land and at sea is now creating the conditions in which some people are rendered de jure rightless. Moreover, the typology sheds light on the specifically legal reasons for the seeming failure to end mass drowning of migrants and refugees in the Mediterranean Sea. Tracing the ways in which people become de jure rightless is ultimately suggested as a broader research agenda for scholars of international law. The position of such individuals destitute of nationality may be compared to vessels on the Open Sea not sailing under any flag of a state, which likewise do not enjoy any protection whatever. © The Author(s), 2018. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved.

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... The charge was part of an ongoing campaign to criminalize acts of assistance and solidarity with asylum seekers and migrants, including acts intended to rescue lives at sea (Cusumano and Villa 2021). Indeed, in recent years, scholars, as well as UN actors and NGOs, have responded with a counterattack, stressing unequivocal support with such rescuers, and countering the 'smuggling' narrative (Mann 2020;Mezzadra 2020). ...
... As early as 2006, Gibney identified the creation of 'a thousand little Guantanamos', spaces where states act free from the constraints imposed on them by courts, international and domestic law, human rights groups, and the public at large (Gibney 2006). Mediterranean migration routes specifically have been major sites of externalization efforts for the EU and its member states, creating 'maritime legal black holes' (Mann 2018). ...
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... 215 The way international law distributes responsibility through the factor of jurisdiction renders humans in certain spaces de facto and de jure without rights. 216 However, with a growing number of Court decisions in this context, the limiting structures seem to be tightening up. The first generation measures of extraterritorial migration control that, against the background of Banković, 217 primarily relied on the externalization aspect have been successfully challenged, at least in their most visible form of push-backs by Hirsi. ...
... 49 Cf. Mann 2018. private international law are included, as are other rules which do not wholly fit into such standard categories'. ...
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... orMann 2013Mann , 2016Mann , and 2018, who focuses on maritime zones of lawlessness). The struggle over the validity of human rights on the high seas is one of the few aspects that have received attention in both social science (on the EU border management agency FRONTEX, the Hirsi jurisprudence of the ECtHR, and the relationship between the law of the sea and human rights protection. ...
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... That is not to say that these constraints are always respected in practice. Migration control measures regularly push the boundaries of legality under international law (see e.g., Ghezelbash, 2020;Mann, 2018). Similarly, as Dauvergne (2016, p.175) argues, the task of migration law in selecting 'useful' or 'good' immigrants is inherently discriminatory. ...
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... The Shift to Soft Law at Europe Borders kinds of agreements complicates significantly the exercise. Further, the lack of monitoring prefigured in these agreements paves the way for abuses and situations of rightlessness (Mann 2018). ...
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... These approaches have come to represent the dark side of cooperation in asylum matters. Far from merely reassigning and redistributing asylum procedures, they have resulted in an ever narrowing and precarious space for asylum seekers to make a refugee claim (Hyndman and Mountz 2008, p. 268;Frelick et al. 2016;Mann 2018). The 'safe third country' provision was first introduced into Canada's legal system in 1987, during a tumultuous time during which there were concerns over the arrival of 'boatloads' of South Asian refugees (The Canadian Encyclopedia 2017). ...
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This article provides a review of the functioning and legality of the Safe Third Country Agreement between Canada and the United States, placing it in the broader context of systemic factors that generate and exacerbate the vulnerability of protection seekers. It offers a critical evaluation of what the legal challenges against the STCA reveal about the promises and limitations of safe-country-related litigation and the future of the Agreement.
... Inzwischen sind zivile Seenotrettungsmissionen und das Watch the Med Alarm Phone Projekt in der Lage, viele der Verbrechen auf See und der Kidnappings nach Libyen zu dokumentieren (siehe u.a. Ewert 2016;Heller/Pezziani 2013Stierl 2018;Mann 2018 sowie Sonja Buckels Beitrag in diesem Band). ...
Chapter
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Die migrantische Mobilität im Sommer 2015 hat die europäische Flüchtlingspolitik auf den Kopf gestellt. Rechte und konservative Kräfte wurden bestärkt, aber auch die Solidaritätserfahrungen hallen immer noch nach. Wie steht es nun um die Kämpfe der Migration? Welche Kräfte haben sich durchgesetzt und welche Verschiebungen haben sich diskursiv und politisch ergeben? Und was bedeutet dies für emanzipatorische, pro-migrantische Perspektiven? Die Forschungsgruppe »Beyond Summer 15« diskutiert diese Transformation des Migrationsregimes und zeigt u.a. in den Bereichen Recht, öffentliche Debatten, zivilgesellschaftliche Interventionen und Arbeitsmarkt auf, wie um Migration gerungen wird.
... 57 Der Rechtswissenschaftler Itamar Mann spricht in diesem Zusammenhang von "maritimie legal black holes", die extra-legale Praktiken normalisieren und das Recht auf Leben der Migrant*innen nicht berücksichtigt. 58 Über die Wahrung der internationalen Rechtspflichten hinaus machen diese Einsichten daher deutlich, dass eine menschenwürdige ...
... All these practices have acted as a disincentive for seafarers to comply with their obligation to rescue any passenger in distress, leading to repeated cases on non-assistance to migrants crossing the sea. The vastness of the sea, as well as its ambivalent legal construction, has made it challenging to seek accountability for border violence, and the space of the sea has in effect become to a large extent a "legal black whole" (Mann 2018). ...
... All these practices have acted as a disincentive for seafarers to comply with their obligation to rescue any passenger in distress, leading to repeated cases on non-assistance to migrants crossing the sea. The vastness of the sea, as well as its ambivalent legal construction, has made it challenging to seek accountability for border violence, and the space of the sea has in effect become to a large extent a "legal black whole" (Mann 2018). ...
... The process has been pervasive along the fault lines between 'developed' and 'developing' countries. Mediterranean migration routes specifically have been major sites of externalization efforts for the EU and its member states, creating 'maritime legal black holes' (Mann 2018). ...
... 23 It aims in fact at constructing quasi-subjects of law by depriving them of fundamental guarantees prefigured by Western constitutional and criminal law creating thus a situation of rightlessness. 24 In this scenario, detention represents the main instrument to deter irregular migration. Indeed, detention systems vary throughout Europe 25 , yet these share some characteristics. ...
Preprint
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... 57 Der Rechtswissenschaftler Itamar Mann spricht in diesem Zusammenhang von "maritimie legal black holes", die extra-legale Praktiken normalisieren und das Recht auf Leben der Migrant*innen nicht berücksichtigt. 58 Über die Wahrung der internationalen Rechtspflichten hinaus machen diese Einsichten daher deutlich, dass eine menschenwürdige Seenotrettungspolitik nicht alleine in der Arena des Rechts erkämpft werden kann, sondern es eines politischen Wandels bedarf, der die rechtlichen Vorgaben auch in eine konkrete politische Kultur und Praxis übersetzt. ...
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... 87 It seems therefore that the offshored migrants detention centres there is de facto a situation of rightlessness. 88 The Libyan coastguard receives substantial European and Italian funds, which have as main objective the development of organizational rescue capabilities as close to European standards. In particular, the objective of the memorandum is to increase the ability of the Libyan coastguard to intercept the boats of migrants in Libyan waters and to bring them back to the Libyan detention centres. ...
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We want to present the book “Current Challenges of Human Rights, Rule of Law and Democracy,” which is the result of a collaboration of young scholars from member states of the Council of Europe, an international organization comprising 47 countries from the continent. The volume consists of fourteen articles by fifteen scholars representing prestigious research centers involved in in-depth research on law and human rights. The authors of the texts included in this book are academics and practitioners from ten university centers from Poland, Italy, Bosnia and Herzegovina, and Ukraine. The current challenges addressed in the book are global and cross-border in nature, requiring collaboration and an integrated approach. The book consists of three parts, reflecting the richness of the subject matter undertaken by young researchers. The editors aim to present the current challenges faced by Europe and integrate the community of young lawyers in this part of Europe. The collected material is divided into three sections, each containing four scholarly papers addressing current challenges. The different parts of the book deal with human rights, democracy, and the rule of law, respectively, i.e., the pillars of the Council of Europe. Part one of the book, entitled “New and Emerging Human Rights Issues in the COVID-19 Crisis,” addresses current social, political, and legal developments. In this part of the monograph, the agenda begins with Michał Lewandowski’s text entitled “Nullum crimen sine lege – Stefan Glaser’s concept AD 1942”, concerning a fundamental principle that should guide all democratic states. On the other hand, in the paper entitled “Criminal Law and Pandemic: a Brief Overview of Criminal Law Regulation of Crimes Against Health in Bosnia and Herzegovina,” Ena Kazić-Çakar presents the unexpected consequences of the pandemic in the sphere of criminal law and human rights. In the later part of the book, Oksana V. Kiriiak provides a thorough analysis of the substantive law of human rights in the paper “The Right to Be Forgotten: the Emerging Legal Issues.” The first part of the book is concluded with apt remarks by Katarzyna Kucharska, Agnieszka Skoczylas and Robert Tabaszewski on the role of nurses and caregivers in shaping vaccination attitudes from the perspective of child rights and human rights. Part two of the book, entitled “Social Rights and Employment Issues in a Democratic Society,” reflects on contemporary social rights issues in a democratic society. It begins with an in-depth analysis by Mateusz Hypiak entitled “The Right to Work as a Human Right.” The author very aptly presents the content of this right, referring to both national, international, and European regulations. Łucja Kobroń-Gąsiorowska, based on the example of Poland, presents “Limitations on the Level of Whistleblower Protections in the Labor Law –Poland.” In the paper entitled “Defamation and Deformation of the Judge’s Image,” Inna Spasibo-Fateeva presented the judge’s behavior in the proceedings and everyday life. Dariusz Kała conducted a comprehensive analysis in his paper “Organization of Voluntary Fire Services in Poland as an Emanation of the Democratic System of Contemporary Poland.” This part of the volume is concluded with reflections by Svitlana I. Zapara, entitled “Protection of the Rights and Freedoms of Ukrainian Labor Migrants in the Era of Globalization,” which presents a comprehensive analysis of the legal situation of a labor migrant in the context of national and European conditions. The starting point for the book’s third part, entitled “Preparing for a Post-COVID-19 the Rule of Law” is the rule of law. Comprehensive knowledge of “The Right of Indigenous Peoples to Land: an American Perspective” is provided by Dawid Majchrzak’s text, which presents the human rights institutions of the inter-American system. The legal analysis opens with a research paper by Martino Reviglio entitled “Soft Law and Externalisation of European Border Management: between Political Effectivity and Legal Validity.” The author addresses the very topical issue of the migration process, proposing practical solutions to this issue, using Italy as an example. In contrast, a multifaceted analysis of legal conflict resolution was included by Svitlana Yaroslavivna Fursa and Yevhen Ivanovych Fursa. Their text entitled “Resolving a Legal Dispute in Preventive Challenges: Actualities of Theory and Practice” may become a good starting point in further discussion of the problems of extrajudicial dispute resolution. The considerations in this section and the entire volume conclude with the paper “The Right to Dispose of the Property in the Human Rights System” by Yuri Zaika. The topicality of the issues addressed within each paper may encourage repeated reading. To make it easier, all papers are concluded with short summaries and keywords. The book, which has a scholarly nature, is addressed to law theoreticians and practitioners and all those interested in human rights and representatives of related sciences: sociology, political science, administration, and international relations. Special thanks are due to the reviewers for their valuable comments that allowed us to achieve the final outline of this paper. The editors hope that you all enjoy reading this book and that it may offer inspiration for further, perhaps their own, in-depth research on the issues raised.
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This research report has been published as part of the EU Horizon 2020 VULNER research project (www.vulner.eu). The VULNER research project is an international research initiative, which objective is to reach a more profound understanding of the experiences of vulnerabilities of migrants applying for asylum and other humanitarian protection statuses, and how they could best be addressed. It therefore makes use of a twofold analysis, which confronts the study of existing protection mechanisms towards vulnerable migrants (such as minors and victims of human trafficking), with the one of their own experiences on the ground. This research report presents some of the intermediary results of the VULNER project based on the first phase of the project, which consisted of mapping out the vulnerability assessment mechanisms developed by state authorities in Canada. Given the massive amount of documentation that the Canadian team had to review in the first phase of the project, this first report only includes a presentation and analysis of desk research data. At the time of writing (December 2020), interviews with civil servants and practitioners had not begun and were expected to begin shortly. The following research questions are addressed: What do the relevant domestic legislation, case-law, policy documents, and administrative guidelines reveal about how “vulnerabilities” are being assessed and addressed in the countries under study? Do the relevant state and/or aid agencies have a legal duty to assess migrants’ vulnerabilities, and if yes, using which procedures, when and how? Following which legal and bureaucratic criteria? In Canada, there are a variety of pathways for vulnerable migrants to gain legal status and protection. Each pathway has its own specific criteria as to who can apply and under which conditions protection is granted. Additionally, protection can be granted from abroad (as in the case of refugee resettlement) or from within Canada. Therefore, this research covers a much broader range of protection procedures currently in place in Canada compared to the EU. In addition, the Canadian government will take into account the specific situation of certain categories of migrants – such as immigration detainees, unaccompanied minors, stateless persons, or individuals from countries to which there is a moratorium on removals – who are likely to experience heightened vulnerability in immigration/asylum proceedings. Such categories are also the focus of our study.
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The 1951 Refugee Convention and the 1967 Protocol are the only binding international instruments under which the parties of the instruments agree to protect refugees. However, there are gaps in the existing protection mechanisms for refugees at sea. Moreover, the South East Asian States are non-parties to the 1951 Refugee Convention; the States argue that they have no treaty obligation to accept Rohingya boat refugees. In this context, this article revisits the traditional view of ‘soft laws’, suggesting a fresh look at ‘soft laws’ regarding boat refugees. This article argues that even though the States are non-parties to international refugee law, the South East Asian States are members of the UN General Assembly, IMO, and ExCom. These international bodies have adopted numerous resolutions, guidelines and conclusions on refugee protection at sea; therefore, the States have international obligations to boat refugees according to Article 38(1)(C) of the Statute of the International Court of Justice 1945, the general principle of international law.
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Zusammenfasung: In diesem Artikel fokussiere ich auf die Kluft zwischen dem Begriff des „Menschen“, der den Menschenrechten zugrunde liegt, und dem Konzept der universellen Rechtspersönlichkeit, das ich im Hinblick auf die mediterranen Flüchtlingsbewegungen untersuche. In Anlehnung an Arendts berühmtes Diktum vom „Recht, Rechte zu haben“ analysiere ich die Spannung zwischen den souveränen Rechten von Staaten und den Rechtsansprüchen von Migrant*innen, was wiederum auf das hinweist, was ich als „Grenzen der Menschenrechte“ bezeichne: Sie beziehen sich auf die Begrenztheit der Menschenrechte angesichts der staatlichen Souveränität und sind in der Grenzkontrollpolitik der einzelnen Staaten und ihrer Grenzbehörden verkörpert. Wie ich unter Bezugnahme auf den Fall Hirsi vorschlage, sollte die Rechtspersönlichkeit von Migrant*innen jenseits territorialer Grenzen gedacht werden, während staatliche Funktionen, wie die Kontrolle der Staatsgrenzen, im Lichte der Menschenrechtsnormen überdacht werden müssen.
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Autor u radu razmatra pitanje položaja migranata prema stavovima Evropskog suda za ljudska prava. Uzimajući u obzir posljednju deceniju mogli bismo reći da je ista prevashodno obilježena talasima migracija sa istoka koje ne jenjavaju, nego se samo transformišu u zavisnosti od otvorenih ruta. Jedan od puteva migranata ka Zapadnoj Evropi predstavlja Mediteran, a država koja je najviše izložena ovom talasu je Italija. Juna mjeseca 2019. godine otvoren je novi predmet ove države, a u vezi sa odnosom prema migrantima koji stignu putem mora. Stoga, autor u radu analizira dosadašnje stavove Evropskog suda za ljudska prava, izražene prevashodno kroz presudu Hirsi Jamaa i drugi protiv Italije, ne zapostavljajući druge presude u kojima je ovaj sud zauzeo stav i dao smjernice za odnos prema migrantima.
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This article examines the deployment of drones by state and non-state actors at the southern maritime European borders. By focusing on the conflation of humanitarian and security rationales in the use of this border technology, the article unfolds around the notion of the multipurpose drone. A notion that encompasses the diverse logics, actors and practices that merge in the development and use of border drones by EU agencies and humanitarian NGOs. The article argues that the character of the multipurpose drone depends on various aspects including the actions taken in response to the data gathered by it. While the data collected by drones can contribute to the better conduct of search and rescue operations, drones can also create further risks for irregular migrants. This article contends, therefore, that the presence of drones at EU borders raises critical questions and moral dilemmas regarding the challenges and opportunities they pose for migrants and refugees. It also analyses the transparency and responsibility aspects associated with drones used in border operations and the blurring of civil and military, public and private in their deployment.
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Responsibility and accountability in entangled global relations are negotiated across jurisdictional boundaries, localities and scales of legality. In this special issue, we trace struggles for corporate accountability from extraction sites in Ecuador, Colombia and Peru to an abandoned asbestos factory in Italy. We enquire into the gap between the legal institutions which govern attributions of responsibility in procedural, tort and corporate laws, lived experiences of harm connected to transnational business activities and moral expectations of responsibility in global relations. In the struggles for justice discussed in this special issue, we detect potential ways of rethinking ascriptions of responsibility to reflect the deep entanglements of our economies.
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The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led to deterritorialization of vast domains of the economy and the media which enable them to escape from state control, territorial presence, whether on terra firma or on vessels at sea which are functional surrogates for territorial sovereignty, continues to be the basis for the entitlement to human and citizens’ rights. We are facing a dual movement of deterritorialization and territorialization at once, both of which threaten the end of the 1951 Convention. This article is an exercise in non-ideal theory which, nonetheless, has implications for a seminal question in ideal democratic theory as to how to define and justify the boundaries of the demos. If the demos refers to the constitutional subject of a self-determining entity in whose name sovereignty is exercised, regimes of sovereignty, including those which govern the movement of peoples across borders, define the prerogatives as well as obligations of such sovereign entities under international law. The period ushered in by the 1951 Convention was such a sovereignty regime which today may be nearing its end.
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This article investigates the political and legal dimension of Italian policy management of migratory crises affecting the European Union and member states. It pays particular attention to the tightening of migrant reception measures from 2016 until 2019. In this dynamic, it argues that the 132/18 governmental legislation “Decree‐Law on Immigration and Security” of 2018 (and the Decree‐Law bis of 2019) represents a breakthrough. The article reveals the shift of solidarity crime from a political to a legal dimension. The unprecedented movement of migrants and refugees into the EU has led to widespread claims for a EU common migratory policy based on international cooperation and equitable sharing of responsibilities. As a frontline member state, Dublin III prescribes to Italy responsibilities in rescue, first safe of migrants, and refugee status determination. Italy’s migration policy thus conflicts with its prior international legal commitments, and, for this reason, its concrete applicability is highly debated.
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Air strikes are the signature modality of violence used by NATO militaries. When civilian victims of NATO air strikes have turned to courts in NATO countries, they have generally not been successful. What are the legal techniques and legal knowledges deployed in Western courts that render Western aerial violence legal or extralegal? The article analyzes the responses by European courts to two sets of NATO bombings: the 1999 bombing of Yugoslavia and a September 2009 air strike near Kunduz, Afghanistan. The judgments rely on two forms of “legal technicalities”: the drawing of jurisdictional boundaries that exclude the airspace taken up by the bombers and the ground on which victims stood when they were killed as well as particular visual regimes that facilitate not seeing people on the ground as civilians.
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Taking as a point of departure recent writing by theorists such as Seyla Benhabib, Michel Feher, and Slavoj Žižek, who have argued that the ongoing refugee crisis presents a unique opportunity for Europe to redefine itself, the essay traces the ways in which the crisis and related issues are represented in Elfriede Jelinek’s play Charges (The Supplicants, 2015) and Yael Ronen and the Exile Ensemble’s performance Winterreise (2018). The racialized, unsovereign bodies of migrants are always in the ‘wrong’ places, these works suggest, defined by transgression. Situating this analysis in relation to current debates about states of exceptionalism and new forms of neo-liberal governmentality under the conditions of globalisation, I ask about the intervention of such performances in the increasingly repressive European migration regimes? What is the role of the Left in reclaiming the material, social, and legal conditions for the acceptance of refugees in Europe? Moreover, what can be done to redress this humanitarian crisis and establish unity, solidarity, and hospitality in Europe against a transnational front of the forces rejecting refugees?
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Cambridge Core - Human Rights - Demanding Rights - by Moritz Baumgärtel
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The text introduces the concept behind the Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface between Empirical Research and Normative Analysis”. It explains why there is a need to study migration policies across disciplines, includes a short note on the current literature, and provides a look back at the workshop.
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This article analyses the interplay between politics and law in the recent attempts to strengthen the humanitarian commitment to saving lives in mare liberum. Despite a long-standing obligation to aid people in distress at sea, this so-called search and rescue regime has been marred by conflicts and political standoffs as states were faced with a growing number of capsising boat migrants potentially claiming international protection once on dry land. Attempts to provide a legal solution to these problems have resulted in a re-spatialisation of the high seas, extending the states’ obligations in the international public domain based on geography rather than traditional functionalist principles that operated in the open seas. However, inadvertently, this further legalisation has equally enabled states to instrumentalise law to barter off and deconstruct responsibility by reference to traditional norms of sovereignty and maritime law. In other words, states may be able to reclaim sovereign power by becoming increasingly norm-savvy and successfully navigating the legal playing field provided by the very expansion of international law itself. Thus, rather than being simply a space of non-sovereignty per se, mare liberum becomes the venue for a complex game of sovereignty, law and politics.
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Governments need research and guidelines to help them to move towns and villages threatened by global warming, argue David López-Carr and Jessica Marter-Kenyon.
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This article offers recent dynamics of unauthorized migration and interception in the central Mediterranean as an example of historical anthropology of transnational region formation. It exemplifies how we can rescale classical themes in Mediterraneanist anthropology – hospitality, in this case – to illuminate transnational processes. I argue that anthropologists actually share with human rights advocates and European officials these ways of thinking about the scales of the moral and the political dimensions of migration, and I offer an alternative understanding of the scales of action, responsibility, and sovereignty as well as a clue about how regions come to life. Résumé Le présent article se propose d'examiner la dynamique récente des migrations non autorisées et de leur interception dans le centre du Bassin méditerranéen comme exemple d'une anthropologie historique de la formation transnationale de régions. Il montre comment on peut changer l’échelle des thèmes classiques de l'anthropologie méditerranéenne, en l'occurrence de l'hospitalité, pour éclairer des processus transnationaux. L'auteur affirme que les anthropologues partagent avec les défenseurs des droits humains et les officiels européens ces manières de penser les échelles des dimensions morales et politiques de la migration. Il propose une autre manière d'appréhender les échelles de l'action, de la responsabilité et de la souveraineté et donne quelques indications sur la manière dont se créent les régions.
Article
In "A Theory of Justice," Rawls makes almost no mention of the issues of justice that animated philosophers in earlier centuries. There is no discussion of justice between persons, issues that Aristotle sought to explain under the idea of "corrective justice." Nor is there discussion, except in passing, of punishment, another primary focus of the social contract approaches of Locke, Rousseau and Kant. My aim in this article is to argue that implicit in Rawls's writing is a powerful and persuasive account of the normative significance of tort law and corrective justice.
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This article examines the way that international lawyers tend to focus on crises for the development of international law. It uses the reactions of international lawyers to NATO’s intervention in Kosovo in 1999 as a case study of this tendency and argues that the crisis focus impoverishes the discipline of international law. The article proposes the idea of an international law of everyday life as an alternative.
Of Rescue and Report: Should Tort Law Impose a Duty to Help Endangered Persons or Abused Children
  • E G See
  • Ploeger Franklin
See, e.g., Franklin and Ploeger, 'Of Rescue and Report: Should Tort Law Impose a Duty to Help Endangered Persons or Abused Children', 40 Santa Clara Law Review (1999) 991.
In that respect, a policy of safe passage will directly refute the common claim according to which rescue operations incentivize dangerous trips and thus increase migrant deaths
  • Pezzani Heller
Heller and Pezzani, supra note 39. In that respect, a policy of safe passage will directly refute the common claim according to which rescue operations incentivize dangerous trips and thus increase migrant deaths.