GRAND CHALLENGE (MODULE II)
Instructional goals
The course focuses on a single problem of immense importance to Europe: the legal situation in respect of migrants traversing the Mediterranean by sea and seeking to disembark in Europe. The objective is to frame the problem in its social, economic and political context and then to see how different branches of international law (law of the sea, human rights law and refugee law) and EU law address it. On the basis of this normative framework, the legal situation will be analysed from three different perspectives: a migrant traversing the Mediterranean, an official of a coastal State where the migrant is seeking to disembark and a master (captain) of a private vessel in the vicinity of a migrant in distress at sea.
Prerequisites
None.
Course Contents
The course will be structured around different weekly topics. Guest lecturers with practical experience in dealing with the problem of migration by sea will be invited to provide their perspectives.
Reference Books
No single reference textbook is recommended, and readings will be drawn from a diverse range of legal and non-legal sources. Students are expected to study the materials uploaded on the LUISS Learn page.
Teaching Methods
Lectures, discussion of case studies and seminars by practitioners.
Assessment Method
The final exam consists of a written test.
Thesis assignment criteria
Keen interest in the topics covered by the course and active participation in lessons.
Week 1
Introduction The problem of migration by sea across the Mediterranean will be introduced in its historical context with a brief introduction to the various legal aspects that will be covered during the course.
Week 2
The social, economic and political aspects of the problem will be addressed on the basis of a range of interdisciplinary materials.
Week 3
The doctrine of jurisdiction in international law and the law of state responsibility will be critically assessed over two lectures given their importance to the problem.
Week 4
As above.
Week 5
The law of the sea aspects of the problem are covered in two lectures and notably the duty to rescue and the rights and responsibilities of the flag State and other States within the different maritime zones (in particular under the UN Convention on the Law of the Sea and related instruments).
Week 6
Law of the sea continued. Case studies: the “Sea-Watch 3” case (2019); the “El Hiblu 1” case (2019); the “MSF Ocean Viking” case (2019).
Week 7
The international law of human rights aspects of the problem (especially under the European Convention on Human Rights) are covered in two lectures (for example the threat to life by failing to render assistance and the manner in which rescued persons are treated by State authorities).
Week 8
International human rights law continued. Case studies: Hirsi Jamaa v Italy (App no 27765/09, 23 February 2012) and Human Rights Committee, A.S. and others v. Italy and Malta, communication n. 3043/2017, Decision (Malta, CCPR/C/130/D/3042/2017) and Views (Italy, CCPR/C/128/D/3043/2017) of 27 January 2021; N.D and N.T v Spain (Application Nos. 8675/15 and 8697/15) (2020)
Week 9
The international refugee law aspects of the problem are addressed (in particular the obligation of non-refoulement and the 1951 Refugee Convention).
Week 10
The EU law aspects of the problem are introduced (in particular the New Pact on Migration and Asylum and the Common European Asylum System and the role of Frontex).
Week 11
The multifarious elements of the legal regime relating to migration by sea are now applied in relation to three different perspectives: a migrant in distress seeking to traverse the Mediterranean; an official of a coastal State coordinating a rescue operation and arranging the disembarkation of the rescued migrants; and, a master (captain) of a private vessel in the vicinity of migrants in distress at sea.
Week 12
As above.