Sovereignty at sea: the law and politics of saving lives in mare liberum

Aalberts, Tanja; Gammeltoft‐Hansen, Thomas

doi:10.1057/jird.2014.12

Cited by 26 publications

(10 citation statements)

References 43 publications

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“…The 2004 amendments strengthened the coastal states’ responsibility in the rescue and the disembarkation of asylum seekers in distress at sea. For this reason, a certain number of world coastal States, like Malta, refused to adopt the 2004 amendments (Aalberts & Gammeltoft-Hansen, 2014). Italy was the only coastal state in the Central Mediterranean area to ratify the 2004 Resolution of the Maritime Safety Committee.…”

Section: The Emergence Of a New Civil Humanitarianism In The Central mentioning

confidence: 99%

Rescuing Migrants in the Central Mediterranean: The Emergence of a New Civil Humanitarianism at the Maritime Border

Esperti

2019

American Behavioral Scientist

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The Central Mediterranean is the most deadly body of water in the Mediterranean Sea with at least 15,062 fatalities recorded by International Organization of Migration between 2014 and 2018. This article aims at highlighting the rise of a variety of new civil society actors engaged in the rescue of people undertaking dangerous journeys across the sea in the attempt of reaching the southern European shores. The peculiarity of the humanitarian space at sea and its political relevance are pointed out to illustrate the unfolding of the maritime border management on the Central Mediterranean route and its relation with the activity of the civil society rescue vessels. The theoretical aspiration of the article is to question the role of a proactive civil humanitarianism at sea, discussing the emergence of different political and social meanings around humanitarianism at the EU’s southern maritime border. In recent years, the increasing presence of new citizens-based organizations at sea challenges the nexus between humanitarian and emergency approaches adopted to implement security-oriented policies. This essay draws on the findings of a broader comparative work on a variety of civil society actors engaged in the search and rescue operations on the maritime route between Libya and Europe, focusing in particular on Italy as country of first arrival. The fieldwork covers a period of time going between 2016 and 2018. The research methodology is built on a multisited ethnography, the conduct of semidirective and informal interviews with both state and nonstate actors, and the analysis of various reports unraveling the social and political tensions around rescue at sea on the Central Mediterranean route.

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Section: The Emergence Of a New Civil Humanitarianism In The Central mentioning

confidence: 99%

Rescuing Migrants in the Central Mediterranean: The Emergence of a New Civil Humanitarianism at the Maritime Border

Esperti

2019

American Behavioral Scientist

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“…The EU has a longstanding reputation for shifting the control of its external border further away from its territory (Lavenex, 2006), which has always posed a serious challenge to human rights law (Aalberts & Gammeltoft-Hansen, 2015;Slominski, 2013). Externalization of migration control traditionally heavily relies on both third-country cooperation and direct involvement of the EU and its member states in extraterritorial border operations.…”

Section: The Eu's Turn To Orchestration In External Migration Governancementioning

confidence: 99%

Breaking the legal link but not the law? The externalization of EU migration control through orchestration in the Central Mediterranean

Müller¹,

Slominski²

2020

Journal of European Public Policy

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Transcending the established problem-solving perspective, this article proposes a novel conceptualization of orchestration as a strategy to escape legal responsibility. To test our conceptual argument, we study the case of EU migration governance vis-à-vis Libya in the Central Mediterranean. We show how legal constraints stemming from the 2012 Hirsi judgement of the ECtHR drove the EU from direct extraterritorial border operation to indirect orchestration via Libyan authorities. The EU used the orchestration techniques 'assistance', 'endorsement', 'convening' and 'coordination' to establish Libyan authorities like the coast guard as central intermediaries in the field of border patrol and search and rescue. These orchestration strategies increasingly replaced EU operations on the ground, thus posing new challenges for human rights protection.

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“…Irregular migration in the Central Mediterranean had been a long-standing point of contention among EU member states (Klepp 2010, Aalberts andGammeltoft-Hansen 2014). As migration increased following the Libyan civil war, rhetoric portraying migration as a crisis increased, beginning the process of mobilisation that would ultimately enable the EU to act (Jeandesboz and Pallister-Wilkins 2016).…”

Section: The Lampedusa Shipwrecks As a Critical Juncturementioning

confidence: 99%

Copying in EU security and defence policies: the case of EUNAVFOR MED Operation Sophia

2020

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Sovereignty at sea: the law and politics of saving lives in mare liberum

Cited by 26 publications

References 43 publications

Rescuing Migrants in the Central Mediterranean: The Emergence of a New Civil Humanitarianism at the Maritime Border

Rescuing Migrants in the Central Mediterranean: The Emergence of a New Civil Humanitarianism at the Maritime Border

Breaking the legal link but not the law? The externalization of EU migration control through orchestration in the Central Mediterranean

Copying in EU security and defence policies: the case of EUNAVFOR MED Operation Sophia

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