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- Ratcovich Leopardi, Martin, 1984-
(författare)
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Autonomous Shipping: Some Reflectionson Navigational Rights and Rescue at Sea
- 2022
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Ingår i: Regulation of Risk. - Leiden Boston : Brill Nijhoff. - 9789004518681 ; , s. 451-470
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Bokkapitel (refereegranskat)abstract
- Until recently, autonomous shipping seemed mostly a theoretical and futuristic vision of technical pioneers and innovative ship builders. However, technical land slides and major economic interests have contributed significantly to the prospect of autonomous shipping. The idea of autonomous and unmanned ships sailing on the seas raises several pertinent legal questions. Legal obstacles are also often said to exist in this area impeding the introduction of new technology. Drawing on an operative focus, the chapter examines key rules and principles concerning navigational rights and rescue at sea in the context of autonomous shipping. In addition to the general law of the sea, the examination encompasses some more specific instruments such as the International Convention for the Safety of Life at Sea, the International Convention for Maritime Search and Rescue and the International Convention on Salvage. Using a legal perspective, the chapter discusses questions like ‘Do autonomous ships enjoy navigational rights in the same way as conventional/non-autonomous ships?’, ‘Are coastal States right to regulate foreign autonomous ships different than other ships?’ and ‘Are autonomous ships subject to the same requirements under international law concerning rescue at sea as other ships?’. In conclusion, the chapter argues that autonomous and unmanned ships are in a predominately similar position as other ships when it comes to navigational rights, and that autonomous and unmanned ships are in some respects outside the scope of international maritime rescue law.
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| 2. |
- Ratcovich, Martin, 1984-
(författare)
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Extraterritorial Criminalisation and Non-intervention : Sweden’s Criminal Measures against the Purchase of Sex Abroad
- 2019
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Ingår i: Nordic Journal of International Law. - : Brill. - 0902-7351 .- 1571-8107. ; 88:3, s. 398-428
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Tidskriftsartikel (refereegranskat)abstract
- This article considers the limits of extraterritorial criminalisation under international law in the context of a recent legislative proposal by the government of Sweden to impose criminal measures against the purchase of sexual services abroad. The article first presents the proposal and then a specific legal objection raised against it, namely that allowing Swedish courts to try purchases committed abroad irrespective of local law is inconsistent with the principle of non-intervention under international law. The substance of this objection is discussed against the background of general descriptions of the concepts of jurisdiction and non-intervention under international law. It is concluded that the meaning of the principle of non-intervention may have been overstated.
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| 3. |
- 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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| 7. |
- Butler, Graham, et al.
(författare)
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Operation Sophia in Uncharted Waters : European and International Law Challenges for the EU Naval Mission in the Mediterranean Sea
- 2016
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Ingår i: Nordic Journal of International Law. - : Brill. - 0902-7351 .- 1571-8107. ; 85:3, s. 235-259
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Tidskriftsartikel (refereegranskat)abstract
- This article addresses the main legal challenges facing the European Union (EU) Naval Force, EUNAVFOR Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise to scepticism on the viability of this type of operation, ranging from challenges under European Union law regarding mandate and oversight, to complex questions of compliance with international law. Forcible measures may be at variance with the international law of the sea, binding on the eu and its Member States alike. Even if such strictures can be avoided by a broad United Nations mandate and/or the consent of the neighbouring government(s), international refugee law and international human rights law provide limitations on the measures that Operation Sophia will be tasked with. Different avenues will be explored to ensure the Operation’s compliance with these different legal regimes.
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| 10. |
- Ratcovich, Martin
(författare)
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The Concept of 'Place of Safety' : Yet Another Self-Contained Maritime Rule or a Sustainable Solution to the Ever-Controversial Question of Where to Disembark Migrants Rescued at Sea?
- 2015
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Ingår i: Australian Yearbook of International Law. - : Brill. - 0084-7658 .- 2666-0229. ; 33, s. 81-129
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Tidskriftsartikel (refereegranskat)abstract
- International law requires that everyone rescued at sea shall be disembarked and delivered to a ‘place of safety’. However, neither the treaties that establish this requirement nor any other treaty define what is meant by ‘place of safety’. When refugees and migrants are rescued at sea considerations of international human rights law and international refugee law as well as of international law against transnational organized crime are of principal concern. This article examines the concept of 'place of safety' and argues that it needs to be interpreted in the wider context of international law, so that other relevant and applicable rules of international law are taken into account. The article provides an exploratory discussion of the interpretation of the concept of 'place of safety', seen particularly against the background that many of those rescued at sea are refugees and migrants. The article also comprises discussions of the duty to rescue those in distress at sea, the basic rules on interpretation of treaties and the legal framework for rescue of migrants at sea. The analysis is illustrated by references to Australian legislation, state practice and case law.
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