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Main Debates
Who has Responsibility for Asylum-Seekers Intercepted or Rescued on the Seas?
How does the Position Change if they are Intercepted or Rescued by Member States’ Registered Vessels in
(i) Member States’ Territorial Waters?
(ii) International Waters?
(iii) The Waters of Third States?
Main Points
Interaction between International Law of the Sea and Rules of Refugee, Human Rights, and Humanitarian Law
Soft Law
UNHCR EXCOM ‘Protection Safeguards in Interception Measures’, Conclusion No. 97 (LIV), 2003.
EU Documents
Commission Staff working Document, Study on the international law instruments in relation to illegal immigration by sea, SEC (2007) 691, 15 May 2007
UNHCR Documents
UNHCR, 'Background Note on the Protection of Asylum Seekers and Refugees Rescued at Sea', 1 March 2002.
Cases
R (on the application of European Roma Rights Center et al) v Immigration Officer at Prague Airport & Anor (UNHCR intervening), [2004] UKHL 55; [2005] 2 AC 1.
Readings
Core
R. Barnes, 'Refugee Law at Sea' 53 (1) International and Comparative Law Quarterly, January 2004, 47–77.
M. Pugh, 'Drowning not Waving: Boat People and Humanitarianism at Sea' 17 (1) Journal of Refugee Studies, March 2004, 50–69.
Soft Law
Protection Safeguards in Interception Measure
UNHCR EXCOM ‘Protection Safeguards in Interception Measures’, Conclusion No. 97 (LIV), 2003.
EU Documents
Commission Staff working Document, Study on the international law instruments in relation to illegal immigration by sea
Commission Staff working Document, Study on the international law instruments in relation to illegal immigration by sea, SEC (2007) 691, 15 May 2007
UNHCR Documents
Background Note on the Protection of Asylum Seekers and Refugees Rescued at Sea
UNHCR, 'Background Note on the Protection of Asylum Seekers and Refugees Rescued at Sea', 1 March 2002.
Cases
R (on the application of European Roma Rights Center et al) v Immigration Officer at Prague Airport & Anor (UNHCR intervening)
R (on the application of European Roma Rights Center et al) v Immigration Officer at Prague Airport & Anor (UNHCR intervening), [2004] UKHL 55; [2005] 2 AC 1.
Readings
Core
Refugee Law at Sea
R. Barnes, 'Refugee Law at Sea' 53 (1) International and Comparative Law Quarterly, January 2004, 47–77.
Drowning not Waving: Boat People and Humanitarianism at Sea
M. Pugh, 'Drowning not Waving: Boat People and Humanitarianism at Sea' 17 (1) Journal of Refugee Studies, March 2004, 50–69.
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About the Reader
