‘Place of safety’ (POS) is still a controversial notion. In contrast to more fragmented readings of international law, this study explores the elements that should inform its interpretation. To this end, the significance of new factors of evaluation is questioned as is the POS practical identification in light of the need of rescued people to have their individual case duly examined. Yet, whereas in some cases the application of human rights guarantees is clear, in other situations the same application remains open to debate. Owing to the evolving reading of jurisdiction by some human rights bodies, it could be argued that it is possible to apply the relevant procedural guarantees even where a State party intervenes only remotely in order to identify a ‘place of safety’ for people rescued on the high seas.

La nozione di "place of safety" e l'applicazione di garanzie procedurali a tutela dell'individuo soccorso in mare

Carmelo Danisi
2021

Abstract

‘Place of safety’ (POS) is still a controversial notion. In contrast to more fragmented readings of international law, this study explores the elements that should inform its interpretation. To this end, the significance of new factors of evaluation is questioned as is the POS practical identification in light of the need of rescued people to have their individual case duly examined. Yet, whereas in some cases the application of human rights guarantees is clear, in other situations the same application remains open to debate. Owing to the evolving reading of jurisdiction by some human rights bodies, it could be argued that it is possible to apply the relevant procedural guarantees even where a State party intervenes only remotely in order to identify a ‘place of safety’ for people rescued on the high seas.
Carmelo Danisi
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11585/826422
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