In recent years, newspapers, radios, social networks but also academic journals and blogs have dealt with the many incidents and political debates surrounding the migratory flows in the Mediterranean. Last… Click to show full abstract
In recent years, newspapers, radios, social networks but also academic journals and blogs have dealt with the many incidents and political debates surrounding the migratory flows in the Mediterranean. Last but not least, the cases of the Aquarius1 and of the Lifeline,2 two vessels operated byNGOswhich performed search and rescue (SAR)3 operations in the Central Mediterranean, have raised many interesting legal issues: the existence of a right to enter into ports; the obligations under international law of the coastal state in whose SAR zone the rescue operation took place, of the state co-ordinating the SAR operation, of the flag state (if any) of the rescuing vessel; etc. These many issues also trigger the application of different fields of international law: the lawof the sea4 provides the jurisdictional framework; human rights law limits the enforcement powers of the intervening states and provides for some minimum safeguards for the migrants;5 refugee law imposes a series of core obligations on the intervening states, such as the principle of non-refoulement;6 the rules on the use of force in military operations and in enforcement actions, which
               
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