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סמינר מחלקתי עם ד"ר איתמר מן

 

​איתמר יציג את טיוטת מאמרו:

Maritime Legal Black Holes: Migration asExtra-legality

Abstract. This essay proposes that the sub-discipline of "global migration law" should be dedicated to the study of how international law allows for the emergence of a population of migrants who are both de-facto and de-jure rightless. Taking as its case study the phenomenon of migrants drowning in the Mediterranean sea en masse, it traces the relationships between international human rights law, the law of the sea, and refugee law, to show how some migrants are effectively located in a maritime "legal black hole." It then proceeds to discuss this legal black hole in the context of an earlier theoretical debate about the "legal black hole" at Guantánamo Bay. In contemporary conditions, it is argued, the maritime space of extra-legality generates rightless populations neither as a result of sovereign prerogative, nor by intentional legal design. The deaths of migrants at sea should be understood as a byproduct of the very structure of international law. Such an understanding is a necessary first step towards addressing the ongoing macabre spectacle at sea.