Testing the waters: analysing flag duties in relation to refugees and migrants in distress at sea, focussing on NGO SAR vessels in the Mediterranean Sea.

Abstract

This thesis examines the responsibilities of flag states when encountering refugees and migrants in distress at sea. Ordinary vessels seem not to be meeting their responsibilities because the crisis in the Mediterranean, especially, is resulting in loss of life. Rescue operations are increasingly being taken up by vessels chartered by charities, but they face challenges from flag, coastal and port states. The thesis will examine whether the duty to render assistance and to rescue obligations under the law of the sea and how far it reaches in relation to the situation of refugee and migrant sea crossings. It will also consider whether there is a right to be rescued and a positive legal obligation for states to act under the law of the sea convention and the right to life as per the ICCPR and ECHR.