Border Deaths at Sea under the Right to Life in the European Convention on Human Rights

The book explores the interplay of the law of the sea and rules on jurisdiction in border deaths at sea, questioning whether this obligation to respect the right to life under the ECHR is also accompanied with an obligation to respect the right to life under the ECHR. It demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states and that EU policies fall short of the standards set under the right to life.

Format: Paperback / softback
Length: 190 pages
Publication date: 27 May 2024
Publisher: Taylor & Francis Ltd

Border deaths at sea are a complex and multifaceted issue that has been the subject of much debate and discussion in recent years. This book aims to explore the interplay of the law of the sea and rules on jurisdiction in this context, and to question whether states have an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when making and enforcing rules outside their territory. The book will argue that the ECHR is applicable to border deaths on the high seas and will showcase the Courts creativity in bridging the gap between the Convention and people in need of protection. It will also demonstrate that the ECHR is applicable to border deaths occurring within the territorial seas of states and will discuss the right to life, as well as the specific obligations of states in respect to border deaths at sea. The book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law, refugee and migration law, maritime law, and security studies.

The book begins by examining the legal framework governing border deaths at sea. It highlights the fact that the law of the sea is a complex and dynamic body of law that governs the use of the seas and the rights and obligations of states in relation to them. The law of the sea includes a number of provisions that are relevant to border deaths, including the right to life, the right to freedom of movement, and the right to asylum.

The book then explores the rules on jurisdiction that apply to border deaths at sea. These rules are designed to determine which state has jurisdiction over a particular incident. The rules on jurisdiction can be complex and can vary depending on the circumstances of the incident. The book will examine the different types of jurisdiction that can apply to border deaths, including territorial jurisdiction, flag state jurisdiction, and universal jurisdiction.

One of the key challenges that the book will address is the question of whether states have an obligation to respect the right to life under the ECHR when making and enforcing rules outside their territory. The ECHR is a human rights treaty that has been ratified by all member states of the European Union. The treaty guarantees a number of rights, including the right to life, the right to freedom of movement, and the right to asylum.

The book will argue that the ECHR is applicable to border deaths on the high seas. It will argue that the right to life is a fundamental human right that applies to all individuals, regardless of their nationality or status. The book will also argue that the ECHR is applicable to border deaths occurring within the territorial seas of states.

The book will then examine the specific obligations of states in respect to border deaths at sea. These obligations include the obligation to prevent deaths, the obligation to investigate deaths, and the obligation to provide assistance to victims. The book will argue that states have failed to meet these obligations in many instances, and that this has led to a number of human rights violations.

One of the key challenges that the book will address is the issue of EU policies in respect to border deaths at sea. The EU has a number of policies that are designed to address the issue of border deaths, including the European Border and Coast Guard Agency (Frontex) and the European Asylum Support Office (EASO). However, the book will argue that these policies fall short of the standards set under the right to life.

The book will also examine the role of the Courts in addressing border deaths at sea. The Courts have played a significant role in addressing border deaths at sea, and have developed a number of legal principles that are relevant to the issue. The book will examine the role of the Courts in interpreting the ECHR, and in developing new legal principles that are relevant to the issue.

In conclusion, this book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law, refugee and migration law, maritime law, and security studies. The book will explore the interplay of the law of the sea and rules on jurisdiction in the context of border deaths at sea, and will question whether states have an obligation to respect the right to life under the ECHR when making and enforcing rules outside their territory. The book will argue that the ECHR is applicable to border deaths on the high seas and will showcase the Courts creativity in bridging the gap between the Convention and people in need of protection. It will also demonstrate that the ECHR is applicable to border deaths occurring within the territorial seas of states and will discuss the right to life, as well as the specific obligations of states in respect to border deaths at sea.

Weight: 332g
Dimension: 234 x 155 x 17 (mm)
ISBN-13: 9781032271323