The legal regime regulating search and rescue in the Mediterranean : potential conflicts in the allocation of responsibility between Italy and Malta

Abstract

This dissertation examines the legal regime regulating search and rescue operations in the central Mediterranean region, focusing mainly on Maltese and Italian State practice which have repeatedly given rise to much dispute surrounding the disembarkation of rescued migrants. In this respect, it will focus on the current scenario regulating search and rescue in the Mediterranean region and examines a number of key case studies illustrating the problems faced by southern Mediterranean States involved in search and rescue activities. The research will mainly consist of the examination of the contemporary international legal rules regulating search and rescue activities in the central Mediterranean region, which emerge from United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea and the International Convention on Maritime Search and Rescue. In this regard, a significant lacuna concerning the lack of an international obligation regarding the disembarkation of persons rescued at sea is identified. Special attention is directed at the 2004 amendments to the International Convention for the Safety of Life at Sea and the International Convention on Maritime Search and Rescue, as well as the issues concerning the different ratification status of international law. Furthermore, this study also examines the human rights law and refugee law considerations relating to search and rescue operations in the central Mediterranean region, and how they affect States such as Italy and Malta. This dissertation also explores the protection of human rights afforded to migrants and refugees at sea under general international law and specific treaties such the European Convention on Human Rights and the Convention Relating to the Status of Refugees. It then considers the application of human rights law at sea, via the application of de jure and de facto jurisdiction, the application of the principle of non refoulement under refugee law, as well as the State responsibility of Italy and Malta for violations of human rights law and refugee law obligations. Finally, this dissertation concludes by providing recommendations with regards to any possible solutions to ameliorate the situation.