The European Convention of Human Rights and Migration at Sea
Reading the “Jurisdictional Threshold” of the Convention Under the Law of the Sea Paradigm
Bibliographic Data
| ID | 21971185 |
|---|---|
| Authors | Efthymios Papastavridis (corresponding author) |
| Year | 2020 |
| Volume | 21 |
| Issue | 3 |
| Pages | 417-435 |
| Publication date | 2020-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | German Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 2071-8322 • E-ISSN: 2071-8322 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/glj.2020.23 |
| OpenAlex | W3015705225 |
| Language | EN |
| Citations received | 5 |
| References cited | 1 |
In all the applications before the ECtHR concerning migration at sea, a preliminary, yet seminal, question is whether the applicants were within the jurisdiction of the respondent State, in terms of Article 1 of the European Convention on Human Rights (ECHR). This question becomes even more apposite in contemporary situations of remote interception or search and rescue operations. In addressing the matter of jurisdiction in such cases, the law of the sea becomes of significant importance. This Article argues that as the International Tribunal of the Law of the Sea (ITLOS) has often taken into account human rights considerations, similarly, the European Court of Human Rights should read into the term “jurisdiction” under Article 1 of ECHR law of the sea considerations. Far from resurrecting Banković and the strict “general international law” notion of jurisdiction under ECHR, this Article only intends to shed some light on when a State would be considered as exercising such “authority and control over persons” in the maritime domain. In so doing, this Article will focus only on the potential application of the ECHR to the most common practices of States vis-à-vis migration on the high seas, namely interception and rescue operations
Convention · Freedom of navigation · Human rights · International law · Jurisdiction · Law of the sea · Original jurisdiction · Political science · Public international law · Subject-matter jurisdiction · Tribunal · United Nations Convention on the Law of the Sea · European Criminal Justice and Data Protection · International Law and Human Rights · International Maritime Law Issues · Law
| Unique citing works | 5 |
|---|---|
| Citations per year | 0.83 |
| Citation span | 2020 - 2026 (7) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 4 |