Dialectic of transnationalism: unauthorized migration and human rights, 1993-2013
In: Harvard international law journal, Band 54, Heft 2, S. 315-391
ISSN: 0017-8063
40 Ergebnisse
Sortierung:
In: Harvard international law journal, Band 54, Heft 2, S. 315-391
ISSN: 0017-8063
World Affairs Online
In: Mafe'akh: Lexical Review of Political Thought, No. 2e, Winter 2011
SSRN
In: Interdisciplinary Journal of Human Rights Law, Band 5, Heft 1
SSRN
In: 100 Texas Law Review (2022)
SSRN
In: German Law Journal, Band 21, S. 311–334
SSRN
In: Melbourne Journal of International Law, Band 16, Heft 1
SSRN
In: Unbound: Harvard Journal of the Legal Left, Band 6, S. 59
SSRN
In: Migration studies, Band 10, Heft 3, S. 442-463
ISSN: 2049-5846
AbstractSearch-and-Rescue NGOs in the Mediterranean have been increasingly criminalized. This criminalization has chilled conversation about the ethical dilemmas practitioners face. What, if any, can be the adverse byproducts of rescuing life at sea? In this article, we concentrate on the dilemmas involved in search and rescue (SAR) as rescuers have described them. Our aim is two-fold. The first is to offer a phenomenological account of search-and-rescue dilemmas. The article sheds light on the complexity and nuance of the ethical landscape of maritime rescue, revealing an intricate web of interactions acknowledged by rescuers as posing ethical challenges. The second aim is to offer a conceptual framework for what it is that SAR NGOs are, in fact, doing. We contextualize their actions within the larger terrain of 'border externalization', in which states have moved enforcement activities to extraterritorial zones, where human rights law is diluted or inapplicable. We thus argue that the set of norms underlying NGO rescue practices amounts to a strategy of counter-externalization. The ideal here is that a window of opportunity can be created at sea, where human rights or international law protections more broadly apply, but enforcement powers of states are suspended. By utilizing these legal gray zones to the benefit of migrants, rescuers effectively turn extraterritorial zones from spaces of lawlessness into spaces of resistance. The rescue ship thus becomes a 'floating sanctuary'.
Search-and-Rescue NGOs in the Mediterranean have been increasingly criminalized. This criminalization has chilled conversation about the real ethical dilemmas that the practice involves. What, if any, can be the adverse by-products of rescuing life at sea? In this article, we concentrate the dilemmas involved in SAR as seen from the perspective of rescuers. Our aim is twofold. The first is to map the dilemmas from a phenomenological perspective, as they are experienced by rescuers at sea. The paper sheds light on the complexity and nuance of the ethical landscape of maritime rescue, revealing an intricate web of interactions acknowledged by rescuers as posing ethical challenges. The second aim is to offer a conceptual framework for what it is that SAR NGOs are, in fact, doing. We contextualize their actions within the larger terrain of 'border externalization', in which states have moved enforcement activities to extraterritorial zones, where human rights law ostensibly does not apply. We thus argue that the set of norms underlying practices developed by SAR NGOs amounts to a strategy of counter-externalization. The idea here is that a window of opportunity can be created at sea, where human rights or international law protections more broadly apply, but enforcement powers of states are suspended. By utilizing these legal grey zones to the benefit of migrants, rescuers effectively turn extraterritorial zones from spaces of lawlessness into spaces of resistance. The rescue ship thus becomes a 'floating sanctuary'. ; This research was funded in whole, or in part, by the Austrian Science Fund (FWF) ["Migration as Morality Politics", Grant V 743-G].
BASE
In: Holocaust studies: a journal of culture and history, Band 29, Heft 3, S. 317-340
ISSN: 2048-4887