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

This book examines the legal implications of border deaths at sea, exploring how the law of the sea and jurisdiction rules enable states to make and enforce rules outside their territory. It questions whether this expansion of authority comes with an obligation to respect the right to life under the European Convention on Human Rights (ECHR). The book analyzes a cross-border phenomenon where direct encounters between state agents and victims are limited, demonstrating how the ECHR can apply to border deaths on the high seas and in territorial seas. It highlights the creativity of the Courts in bridging the gap between the Convention and those in need of protection. The book also discusses the right to life and the specific obligations of states in respect to border deaths at sea, finding that EU policies often fall short of the standards set under the right to life.

Format: Hardback
Length: 190 pages
Publication date: 17 November 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate realm of border deaths at sea, shedding light on the complex interplay between the law of the sea and jurisdictional rules that enable states to establish and enforce regulations beyond their territorial boundaries. It raises crucial questions about whether such actions are accompanied by an obligation to respect the right to life under the European Convention on Human Rights (ECHR). By examining a cross-border phenomenon characterized by limited direct encounters between state agents and victims, the book offers insightful avenues for arguing that the ECHR indeed applies to border deaths on the high seas. Through its innovative approach, it showcases the Court's ability to bridge the gap between the Convention and those in urgent need of protection. Furthermore, the book demonstrates that the ECHR's principles extend to border deaths occurring within the territorial seas of states, emphasizing the right to life and the specific obligations of states in this context. It critically assesses the extent to which EU policies align with the standards set forth in the right to life, highlighting areas where improvements are necessary. This book is of paramount interest to scholars, students, and practitioners in the fields of migrant rights, international human rights law, public international law, including refugee and migration law, maritime law, and security studies. Its in-depth analysis and comprehensive coverage provide valuable insights into the complex dynamics of border deaths at sea and the legal frameworks that govern them.

Weight: 540g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032271316