The Tampa Case and its Impact on Burden Sharing at Sea

Abstract

This article reviews the Tampa case in order to highlight the lack of clear standards for rescue at sea of asylum seekers. In response to current initiatives to assess the gaps and inconsistencies within the applicable legal framework, the author recommends the elaboration of a burden sharing mechanism based on a protection continuum addressing the following phases: rescue, non-refoulement, disembarkation, and resettlement.

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