Notwithstanding their traditionally separate treatment, human rights law and the law of the sea have recently started to interact in a number of cases involving individuals at sea and the protection of their rights. Starting from this premise, the chapter reviews the contribution of international courts and tribunals to the harmonisation of these two, apparently distant, fields of international law. As the chapter shows, harmonisation has been achieved through the concept of “considerations of humanity” developed by the ICJ and the ITLOS, as well as through the adoption by human rights courts of notions of jurisdiction deriving from law of the sea to define the scope of human rights treaties
Papanicolopulu, I. (2013). International Judges and the Protection of Human Rights at Sea. In N. Boschiero, T. Scovazzi, C. Pitea, C. Ragni (a cura di), International Courts and the Development of International Law. Essays in Honour of Tullio Treves (pp. 535-544). The Hague : Asser Press [10.1007/978-90-6704-894-1_39].
International Judges and the Protection of Human Rights at Sea
PAPANICOLOPULU, IRINI
2013
Abstract
Notwithstanding their traditionally separate treatment, human rights law and the law of the sea have recently started to interact in a number of cases involving individuals at sea and the protection of their rights. Starting from this premise, the chapter reviews the contribution of international courts and tribunals to the harmonisation of these two, apparently distant, fields of international law. As the chapter shows, harmonisation has been achieved through the concept of “considerations of humanity” developed by the ICJ and the ITLOS, as well as through the adoption by human rights courts of notions of jurisdiction deriving from law of the sea to define the scope of human rights treaties
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