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20 Ocean & Coastal L.J. 57 (2015)
Coastal State Obligations in the Context of Refugees at Sea under the European Convention on Human Rights

handle is hein.journals/occoa20 and id is 65 raw text is: COASTAL STATE OBLIGATIONS IN THE CONTEXT OF REFUGEES AT SEA UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS' Stefan Kirchner,2 Katarzyna Geler-Noch3 and Vanessa Frese4 ABSTRACT As early as 2004, the International Maritime Organization (IMO) created Guidelines on the Treatment of Persons Rescued at Sea, which followed IMO Assembly resolution A. 920(22) on the review of safety measures and procedures for the treatment of persons rescued at sea. These Guidelines are supplemented by an appendix entitled Some comments on relevant international law (Comments). It comes as no surprise that the IMO's work in this area refers to other maritime documents such as the Law of the Sea Convention (UNCLOS), the International Convention for the Safety of Life at Sea (SOLAS), and the International Convention on Maritime Search and Rescue (SAR). Reference in the Comments to the 1951 Refugee Convention is made only briefly. In this context, the differing obligations of the flag state, the coastal state, and the ship's master can lead to situations in which the protection awarded to refugees is less than complete, as happened in the 2001 case of the MV Tampa. The IMO Guidelines seek to prevent such a 1. The research for this article is partially based on research undertaken for the course Human Rights in the Maritime Sector, taught by Stefan Kirchner at the University of Lapland in the Winter Term 2013-2014. All opinions expressed in this article are only attributable to the authors. 2. Doctor in Social Sciences (Law), Vytautas Magnus University, Kaunas, Lithuania; Magister Juris Internationalis, Justus-Liebig-University, Giessen (Germany); Associate Professor for Fundamental and Human Rights, University of Lapland, Rovaniemi, Finland; former Assistant Professor for the Law of the Sea, Vytautas Magnus University, Kaunas, Lithuania; Rechtsanwalt (admitted to the bar in Germany); Email: stefan.kirchner@ulapland.fi. 3. Assessorin jur.; Magistra Juris Internationalis, Giessen (Germany); German Federal Foreign Office, Berlin, Germany; Email: gelerk@yahoo.de. 4. Law student at the University of Fribourg, Switzerland; Email: vanessamaria.frese@unifr.ch. 57

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