Search and rescue obligations of states in case of irregular migration in International Law of the Sea

In this study, the search and rescue obligations of states, which have become important with the intensification of irregular migration by sea, were analysed. In this context, the obligations were examined in the light of the relevant provisions of the 1982 United Nations Convention on the Law of the Sea, 1979 International Convention on Maritime Search and Rescue, 1974 International Convention for the Safety of Life at Sea, 1958 Geneva Convention on the High Seas, and 1989 International Convention on Salvage. The gaps and ambiguities in these conventions regarding the search and rescue of migrants were tried to be identified. In this study, the search and rescue obligations of states were explained under the headings of flag state and coastal state, while the search and rescue obligations of ship masters were examined under the heading of flag state. Along with the obligations of the states, the meaning and scope of the concepts such as distress, rescue, assistance, and place of safety were also clarified. Given the significance of the subject matter, the search and rescue obligations of international organisations were explained under two headings as intergovernmental and non-governmental international organisations. In the study, the search and rescue obligations of states, ship masters and international organisations were investigated in the light of international conventions, non-binding guidelines, court decisions, and reports of international organisations. The concepts and issues that contain ambiguities and gaps in the relevant conventions have been identified and solution suggestions have been provided.