Disembarkation of persons rescued at sea : time for a legally binding framework of clearly defined rules?

Abstract

This thesis engages in an examination of the concept of State of disembarkation under international law. Given the migration related aspect, a number of related concepts (such as the non-refoulement obligation) are also considered at length. The main problem in this area is that a clear obligation to assist those in distress at sea subsists unaccompanied by an obligation on any State to accept disembarkation postrescue. The consequences that ensue from this Catch-22 situation are considered at length and the suggestion that time is ripe for the adoption of clearly defined disembarkation rules is postulated. Proposals are made in this regard and an examination is also undertaken of a number of proposals that have already been made, with varying degrees of success.