Chapter 4 Law of the sea, maritime law, and human rights applied to migration: Towards a common language?
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Cassandre Genonceau
Abstract
One of the functions of law is to ensure legal certainty, that is, to limit ambiguity or unpredictability in a given factual situation. The other imperative is to ensure the effectiveness of the regulations contained in the rules of law that are enshrined. In both cases, it is essential that the standards be precise, unequivocal, uniform and consistent. Since the middle of the 20th century, States have attempted to regulate maritime space by enshrining legal rules applicable in international waters and in their territorial waters. However, the specificity of the marine space, in view of its nature and the events that occur there – such as spontaneous migration – complicates the objective of standardization of the law of the sea and maritime law. Especially, the legal language applicable to maritime migration seems confusing and disparate, which has had the effect of perpetuating dangerous situations for migrants. This contribution aims to understand why the language of maritime migration law is not or no longer audible, and to identify a common legal language in order to more effectively regulate maritime migration while protecting the rights of those engaging in it.
Abstract
One of the functions of law is to ensure legal certainty, that is, to limit ambiguity or unpredictability in a given factual situation. The other imperative is to ensure the effectiveness of the regulations contained in the rules of law that are enshrined. In both cases, it is essential that the standards be precise, unequivocal, uniform and consistent. Since the middle of the 20th century, States have attempted to regulate maritime space by enshrining legal rules applicable in international waters and in their territorial waters. However, the specificity of the marine space, in view of its nature and the events that occur there – such as spontaneous migration – complicates the objective of standardization of the law of the sea and maritime law. Especially, the legal language applicable to maritime migration seems confusing and disparate, which has had the effect of perpetuating dangerous situations for migrants. This contribution aims to understand why the language of maritime migration law is not or no longer audible, and to identify a common legal language in order to more effectively regulate maritime migration while protecting the rights of those engaging in it.
Chapters in this book
- Frontmatter I
- Acknowledgements
- Contents VII
- Towards an integration of law and linguistics into the blue humanities 1
- Chapter 1 Understanding and researching legal genres and language within the maritime domain 13
- Chapter 2 The conceptualization of a legal status for marine environment through the evolution of terminology 41
- Chapter 3 Liability for environmental crimes: A comparative study of laws on ecocide and the prevention of oil discharge into the sea 65
- Chapter 4 Law of the sea, maritime law, and human rights applied to migration: Towards a common language? 97
- Chapter 5 Global vessel sharing agreements versus joint ventures: How do contractual provisions legally entitle contestable legal personality of shipping alliances? 147
- Chapter 6 Rhetorical analysis of agreement authority article in maritime agreements 171
- Chapter 7 To what extent is the translation equivalent: an exploration of terminological variation in English-Chinese translation of maritime law 201
- Index 223
Chapters in this book
- Frontmatter I
- Acknowledgements
- Contents VII
- Towards an integration of law and linguistics into the blue humanities 1
- Chapter 1 Understanding and researching legal genres and language within the maritime domain 13
- Chapter 2 The conceptualization of a legal status for marine environment through the evolution of terminology 41
- Chapter 3 Liability for environmental crimes: A comparative study of laws on ecocide and the prevention of oil discharge into the sea 65
- Chapter 4 Law of the sea, maritime law, and human rights applied to migration: Towards a common language? 97
- Chapter 5 Global vessel sharing agreements versus joint ventures: How do contractual provisions legally entitle contestable legal personality of shipping alliances? 147
- Chapter 6 Rhetorical analysis of agreement authority article in maritime agreements 171
- Chapter 7 To what extent is the translation equivalent: an exploration of terminological variation in English-Chinese translation of maritime law 201
- Index 223
