Sea Rescue and International Protection: Towards a New Legal Framework Based on the European Pact on Migration and Asylum?

18 March 2021. From 18:30 | Webinar | Spanish | Online
slideshow image A rubber dinghy carrying migrants rescued by German NGO Sea-Eye ship Alan Kurdi is pictured at sea in the Mediterranean, October 26, 2019. Karsten Jager/Sea-Eye/Handout via REUTERS

This presentation aims to explain the legal tensions that may occur when a ship is rescuing a group of migrants at sea. The normative gaps of such action will be exposed, as well as the convergences between the maritime law and the refugees’ law regarding rescuing migrants. There are two core reasons that explain why it is needed regulation that is more precise. Firstly, because the sea is a particularly complex geographic area since it is not about the territorial space in where it is easily presumed that the applicability of the rules is at the hands of the territorial State. Secondly, the refugees’ law implementation raises numerous difficulties for the states.

The European Pact on Migration and Asylum presented on the 23rd of September 2020 links international protection to rescues, which makes us wonder to what extent its implementation would be effective. Joana Abrisketa, lecturer in International Law and European Union Law at the University of Deusto, analyses these tensions and reflect on whether the recent European Pact on Migration and Asylum offers a new, more favourable legal framework.

Introduced by David Moya, associate professor of Constitutional Law and coordinator of the master (UB). Co-organised by the Master’s in Contemporary Migrations, Rights and Social Cohesion (UAB/UB).



David Moya

Professor Universitat de Barcelona

Joana Abrisketa

Professor Universidad de Deusto