TY - JOUR

T1 - Post-rescue innocent passage by non-governmental search and rescue vessels in the mediterranean

AU - Schatz, Valentin J.

AU - Fantinato, Marco

N1 - Publisher Copyright: © Koninklijke Brill NV, Leiden, 2020

PY - 2020/11

Y1 - 2020/11

N2 - This article analyses the conformity of Italian legislation adopted in 2019 - and its implementation - with the regime of innocent passage in the territorial sea under Part II of the 1982 United Nations Convention on the Law of the Sea with respect to civil rescue vessels returning from rescue operations with rescued persons on board. It first gives a brief overview over the international legal regime applicable to search and rescue (SAR) operations. Next, the article introduces Italian legislation adopted in 2019, which establishes a legal basis for administrative orders prohibiting ships the entry into, transit through, and stopping in Italy's territorial sea. In a third step, the article shows how the new Italian legislation has so far been implemented vis-à-vis SAR vessels of non-governmental organizations in post-rescue situations. This is followed by an analysis of the conformity of the Italian legislation and its implementation with the regime of innocent passage.

AB - This article analyses the conformity of Italian legislation adopted in 2019 - and its implementation - with the regime of innocent passage in the territorial sea under Part II of the 1982 United Nations Convention on the Law of the Sea with respect to civil rescue vessels returning from rescue operations with rescued persons on board. It first gives a brief overview over the international legal regime applicable to search and rescue (SAR) operations. Next, the article introduces Italian legislation adopted in 2019, which establishes a legal basis for administrative orders prohibiting ships the entry into, transit through, and stopping in Italy's territorial sea. In a third step, the article shows how the new Italian legislation has so far been implemented vis-à-vis SAR vessels of non-governmental organizations in post-rescue situations. This is followed by an analysis of the conformity of the Italian legislation and its implementation with the regime of innocent passage.

KW - Law

KW - Civil rescue

KW - Innocent passage

KW - Migration control

KW - Place of safety

KW - Territorial sea

KW - place of safety

KW - innocent passage

KW - territorial sea

KW - migration control

KW - civil rescue

UR - http://www.scopus.com/inward/record.url?scp=85097311843&partnerID=8YFLogxK

U2 - 10.1163/15718085-BJA10028

DO - 10.1163/15718085-BJA10028

M3 - Journal articles

AN - SCOPUS:85097311843

VL - 35

SP - 740

EP - 771

JO - International Journal of Marine and Coastal Law

JF - International Journal of Marine and Coastal Law

SN - 0927-3522

IS - 4

ER -