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[11PacRimLPolyJ461] Rescued at Sea, but Nowhere to Go: The Cloudy Legal Waters of the Tampa Crisis

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dc.contributor.author Tauman, Jessica E.
dc.contributor.author Pacific Rim Law & Policy Journal
dc.date.accessioned 2011-02-14T22:25:05Z
dc.date.available 2011-02-14T22:25:05Z
dc.date.issued 2002-03
dc.identifier.citation 11 Pac. Rim L. & Pol'y J. 461 (2002) en_US
dc.identifier.issn 1066-8632
dc.identifier.uri http://hdl.handle.net/1773.1/761
dc.description Special Symposium Edition preview - January 2003 en_US
dc.description.abstract Abstract: On August 26, 2001, the Norwegian cargo ship MV Tampa rescued 438 passengers from a sinking ferry in the Indian Ocean. Most of the rescued were migrants from Afghanistan on their way to Australia. When the Tampa reached Australian waters, it was refused entry and a weeklong standoff between Norway, Indonesia, and Australia ensued. A shipmaster's duty to rescue is well established in international law, recognized by both the United Nations Convention on the Law of the Sea and the International Convention for the Safety of Life at Sea. What is not clear is whether a corresponding legal duty applies to coastal states and transit states when those rescued are migrants seeking asylum. Rescuing migrants at sea is not a new phenomenon, but increased mobility and worsening humanitarian disasters demand a comprehensive international solution that imposes clear legal obligations on states. Closing the gaps in existing law would alleviate the burden on the Good Samaritan and provide for clear, humane, and consistent strategies for dealing with refugees so as to avoid another situation like the Tampa incident. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Pacific Rim Law & Policy Journal, University of Washington School of Law en_US
dc.subject Comment en_US
dc.subject Australia's Tampa Incident: The Convergence of International and Domestic Refugee and Maritime Law in the Pacific Rim en_US
dc.title [11PacRimLPolyJ461] Rescued at Sea, but Nowhere to Go: The Cloudy Legal Waters of the Tampa Crisis en_US
dc.type Article en_US
dc.rights.holder Copyright 2002 by Pacific Rim Law & Policy Association en_US

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