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‘Let them drown’: Rescuing migrants at sea and the non-refoulement obligation as a case study of international law’s relationship to ‘crisis’

Wilde, R; (2017) ‘Let them drown’: Rescuing migrants at sea and the non-refoulement obligation as a case study of international law’s relationship to ‘crisis’. [Digital scholarly resource]. http://www.ejiltalk.org/let-them-drown-rescuing-mi...

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Abstract

The situation of the movement of certain migrants to and within Europe since 2015 has been described as a ‘crisis’. A typical response from international lawyers has been to implore states to implement fully their relevant legal obligations, including in international human rights law. In the first half of this two-part post, I reviewed the argument to the effect that sea-rescues of migrants, allied to the extraterritorial application of the non-refoulement obligation in human rights law, incentivize dangerous smuggler-enabled journeys. In this second half of the post, I will appraise the merits of this argument.

Type: Digital scholarly resource
Title: ‘Let them drown’: Rescuing migrants at sea and the non-refoulement obligation as a case study of international law’s relationship to ‘crisis’
Publisher version: http://www.ejiltalk.org/let-them-drown-rescuing-mi...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/10067871
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