Rescue of refugees and migrants in distress at sea: State obligations and State compliance in international law

Abstract

It is undisputed that States have a duty to rescue persons in distress at sea according to international treaties and customary international law. Coastal States also have a duty to establish and maintain search and rescue operations. The main issue is the poor compliance by States with their duty to rescue refugees and migrants in distress at sea and by coastal States with their search and rescue obligations. This thesis focuses on the following issue: Whether state obligations in international law relating to the rescue of refugees and migrants in distress at sea are sufficient to ensure compliance by States? The purpose of this thesis is threefold: (1) to analyze the scope of States’ international obligations to rescue refugees and migrants in distress at sea and the international legal framework; (2) to present gaps, inconsistencies and challenges in practice arising from the international legal framework; and (3) to present different mechanisms and tools available in international law that could help securing or influencing State compliance (e.g., relevant international tribunals and UN human rights treaty bodies).