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- Ratcovich, Martin, 1984-
(författare)
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International Law and the Rescue of Refugees at Sea
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- International law provides a duty to rescue everyone in distress at sea. Rescue at sea often entails recovering survivors and bringing them on board ships or other rescue units. While their subsequent delivery and disembarkation may not always be controversial, they frequently are if those assisted are refugees and migrants. Coastal states are especially likely to be reluctant to accept disembarkation within their territories if the distress situation and rescue operation occurred in the course of attempts to enter the coastal state in a clandestine or otherwise irregular way. The controversial but unavoidable question in such situations is where refugees and migrants rescued at sea shall be brought for disembarkation.Until recently, international law was strikingly silent in this regard. However, following amendments to the two main treaties on maritime search and rescue — the International Convention for the Safety of Life at Sea and the International Convention on Maritime Search and Rescue — international maritime rescue law now requires that everyone rescued at sea be delivered to a ‘place of safety’. The responsibility to provide such a place or to ensure that it is provided lies with the state party responsible for the search and rescue region in which the survivors were recovered. However, ‘place of safety’ is not defined in these or any other treaty. Instead, the application is guided by a set of guidelines from the International Maritime Organization (IMO). However, the guidelines are not legally binding and many questions remain unanswered.This thesis examines the meaning of the concept of ‘place of safety’ against the background that many of those rescued at sea are refugees and migrants. Using a legal perspective, it asks how the meaning of this concept can be understood in the wider context of international law. The emphasis on the legal context links to the applicable standard of interpretation, which requires the meaning to be determined with reference to not only the text but also the context and the object and purpose of the treaty.Drawing on an explorative survey of the international legal framework for irregular maritime migration covering norms under the international law of the sea, international refugee law, international human rights law and international law against transnational organised crime and on a dedicated discussion of the applicable standard of interpretation, this thesis analyses the interpretation of the concept of ‘place of safety’. In keeping with the general legal framework of the interpretation of treaties, it explains that this concept cannot be understood with reference to the law of the sea exclusively, as it imports norms from other areas of international law. Due to the contribution of these other norms, including some of a primarily humanitarian character such as those dealing with non-refoulement, right to life and non-discrimination, this thesis argues that the meaning of the concept is broader than it first may seem. To conclude, this thesis summarises a ‘place of safety’ as a location where not only the maritime safety but also the basic security of survivors is no longer threatened.
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- Nissling, Anders, et al.
(författare)
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Feeding ecology of juvenile turbot Scophthalmus maximus and flounder Pleuronectes flesus at Gotland, Central Baltic Sea
- 2007
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Ingår i: Journal of Fish Biology. - London : Academic Press. - 0022-1112 .- 1095-8649. ; 70:6, s. 1877-1897
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Tidskriftsartikel (refereegranskat)abstract
- Food and feeding of juvenile turbot Scophthalmus maximus and flounder Pleuronectes flesus were studied in five nursery areas at Gotland, Central Baltic Sea, ICES SD 27 and SD 28. Ontogeny involved partitioning of available food resources. The food choice of turbot <30 mm standard length (L sub(S)) included both planktonic-hyperbenthic prey (calanoid copepods and mysids) and epibenthic-endobenthic prey (chironomids and amphipods), whereas turbot greater than or equal to 30 mm L sub(S) fed mainly on hyperbenthic species (mysids and fishes). Conversely, for flounder, epibenthic-endobenthic prey were the most abundant prey items throughout development (harpactocoid copepods, oligochaetes and chironomids for fish <40 mm L sub(S) and oligochaetes, chironomids and amphipods for flounder greater than or equal to 40 mm L sub(S)). Thus, the highest degree of dietary overlap occurred between turbot <30 mm and flounder greater than or equal to 40 mm. Food composition for both turbot and flounder varied, however, according to exposure and predominant wind direction in the nursery area. For example, expressed as the ratio between the biomass of mysids and fishes consumed, the relative importance of mysids v. fishes as food source for turbot, varied from <1 in the most sheltered area to 16 and 27 in the more open areas. Considerable differences in feeding incidence were recorded; mean plus or minus s.d. 58 plus or minus 20% for turbot <30 mm L sub(S) and 83 plus or minus 8% for turbot greater than or equal to 30 mm L sub(S), as opposed to greater than or equal to 85-90% for flounder irrespective of size. The lower feeding success of turbot <30 mm L sub(S) was related to mysid abundance, shown to vary spatially and temporally, and to density of flounder, indicating that food availability, and potentially interspecific competition, influence feeding of early juvenile turbot with implications for survival following settlement. Regarding variability in abundance, hyperbenthic prey, as mysids, are considered more variable than epi- and endobenthic organisms. Hence, in addition to the 'nursery size hypothesis', i.e. the positive relationship between abundance of recruits and extension of nursery areas, variability in food availability may explain the average lower recruitment of turbot as compared to other flatfishes, e.g. flounder.
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- Nissling, Anders, et al.
(författare)
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Effects of salinity and temperature conditions on the reproductive success of turbot (Scophthalmus maximus) in the Baltic Sea
- 2006
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Ingår i: Fisheries Research. - Amsterdam : Elsevier. - 0165-7836 .- 1872-6763. ; 80:2-3, s. 230-238
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Tidskriftsartikel (refereegranskat)abstract
- In the Baltic Sea, a large brackish water area, turbot (Scophthalmus maximus) occurs at the border of its distribution with respect to salinity. Using turbot caught in ICES subdivision (SD) 28 (mid-Baltic), salinity requirements for successful egg development were evaluated by assessment of spermatozoa mobility, fertilisation and egg survival at different salinities. Further, to evaluate potential effects of temperatures, egg survival at different temperatures was assessed. Spermatozoa activity and fertilisation rate decreased with decreasing salinity with a significant drop at <7 psu. The viable hatch was significantly lower at <7 psu compared to at 7–15 psu. Hence, due to decreasing salinity this implies lower egg survival in SD 29 and 30 compared to in SD 24–28, and that salinity conditions in SD 31 are insufficient for egg development. Further, following a long period without major inflows of saline water into the Baltic Sea, salinity has decreased. From 1995 onwards salinities <7 psu prevail in SD 27–28 suggesting decreased reproductive success and potentially weaker year-classes in this area. Egg survival was high at 12–18 °C and considerably lower at 9 and 21 °C. Comparing the results with environmental data suggested that spawning time of turbot is adapted to optimum temperatures for egg development, but that occasions with temperatures involving increased egg mortality may occur, e.g. during upwelling situations.
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- Jacobsson, Marie
(författare)
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Minnets förvandlingar : En studie av Heidenstams självbiografi När kastanjerna blommade
- 2000
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Ingår i: Samlaren. - Uppsala : Svenska Litteratursällskapet. - 0348-6133 .- 2002-3871. ; 121, s. 52-95
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Tidskriftsartikel (refereegranskat)abstract
- Marie Jacobsson, The Transformations of Memory: A Study of the Autobiography of Verner von Heidenstam, När kastanjerna blommade.This essay on the autobiography of Verner von Heidenstam, När kastanjerna blommade (1941), consists of two parts. Firstly, it is a study of the genesis of the work, based on the manuscript, letters, and the books of Kate Bang. Secondly, it is an analysis of När kastanjerna blommade as belonging to the autobiographical genre. Important issues are the relation between historical truth and Wction in the work, the question of guilt and the representation of the self.
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- Jacobsson, Marie
(författare)
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The Antarctic Treaty System - Erga Omnes or Inter Partes?
- 1998
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The Antarctic Treaty was concluded by twelve states in Washington on 1 December 1959. Although the Antarctic Treaty has a limited number of parties, its impact has been considerable and lauded, but also questioned. A number of international agreements have developed subsequent to, and under the auspices of, the Antarctic Treaty; all of which have contributed to the establishment and strengthening of the so-called Antarctic Treaty System. The Antarctic Treaty is a good example of a treaty that is apprehended by the treaty parties as well as third states as having effects on the 'political', 'economic' or 'security' interests of non-parties, for the international community and for mankind as a whole. The purpose of the present study is to examine whether and to what extent the Antarctic Treaty and the so-called Antarctic Treaty System can create, together or independently, a legal regime that could be claimed to be valid erga omnes. The study includes a discussion of provisions, rules and norms of international law relevant to a third party context, such as the so-called pacta tertiis ( pacta tertiis nec nocent nec prosunt) rule. It is argued that the pacta tertiis rule undoubtedly is recognised as a basic rule of international law, but that there exist exceptions, or qualifications to that rule. It is likewise maintained that, although treaties may exist which, by their nature or otherwise, can create regimes that result in validity erga omnes, the Antarctic Treaty per se is not such a treaty. Yet certain provisions in the Antarctic Treaty are expressions of customary law or have acquired a customary law status, since they have been accepted and recognised by the international community. The study also contains a description and analysis of the most important elements in the Antarctic Treaty System. The emphasis is laid on the provisions of its cardinal treaty, the Antarctic Treaty and the decisions taken by the Treaty Parties that appear to be of particular relevance, or of interest, to third parties. Since the Antarctic Treaty System is not the sole source of law relating to Antarctica, it has been necessary to examine to what extent other areas of international law, such as the UN Charter and the law of common spaces, also are relevant in the third party context. The existence of these somewhat overlapping and sometimes colliding, legal systems, is the legal nucleus of this analysis.
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