A tribute to a worthy colleague

Posted by: ivan.mifsud in Ivan Mifsud“s Category

On Friday 9th April I was very lucky to be offered an invitation to attend the launch of Migrant Smugglling by Sea by Dr Patricia Mallia, who graduated in law in my year and also went on to read for a PhD. Dr Mallia has now converted her PhD dissertation into what is already recognised as a literary work of international acclaim.

This is in no way intended as an advert for Dr Mallia's book. On the other hand I felt that the event was worth a mention. Public International Law may seem very far away from the subjects of Fundamental Human Rights and Citizens' Rights which the StateCareAndMore.eu e-journal deals in. We concern ourselves with the administration within the State, and the obligations of the State's administration towards the citizen. We talk about the obligation to not only give a service, but to give a good service, to the citizen (the State has to be a 'bonus pater familias per excellence' according to the Maltese Courts in Christopher Alan Mayl v. Secretary of State). We also talk about the respect of the State for the Citizens' Human Rights. Of course I stand by all of it.

On the other hand, listening to the distinguished speakers at Dr Mallia's book launch, it emerged clearly that there is another aspect to the topic, which is not at all far away and is in fact closely related, possibly even inter-linked with what here at StateCareAndMore deal with. It is a fact that certain issues do not occur on dry land, but occur at sea. Certain issues do not necessarily occur within the jurisdiction of a particular State, either. They may occur for example on the high seas, thus giving rise to questions such as responsibility, jurisdiction, and also liability. The StateCareAndMore.eu has on numerous occasions reported on migrants' rights e.g. the right of a rejected migrant to marry and found a family. Dr Mallia's work on the other hand goes into a completely different, complex and intriguing area of law which at first sight seems far away and unrelated. And yet it is not, because ultimately States, when dealing with migrant smuggling by sea, are dealing not with a commodity, but with a person, with people, with people trying to escape their desperation, in search of a better life. Decisions are taken which effect these peoples' destinies, possibly their very lives. Reference was made to the issues which arise, such as which laws regulate certain situations, whether the applicable international conventions cater for such situations or whether they are outdated and if so what should be done.

 At the book launch, emphasis was made on migrants being people, with Fundamental Human Rights. Big issues, big dilemmas clearly concern the authorities entrusted with the task of guarding boarders, intercepting these migrants, and deciding what to do with them: whether to send them back, whether to help them, whether to let them die, who is responsible for them (depending on where at sea they are intercepted) etc. In such circumstances, striking a balance between the needs of the State and the fact that it is dealing with people, with individuals who are after all trying to improve their lot, is no easy task. Dealing with this at international level, tackling other States with possibly conflicting interests to one's own, is no easy task. Public International Law is a distinct discipline, helping to shape decisions taken at a particularly high level, that must keep in mind the humanity aspect, because ultimately these decisions have an effect on the wellbeing and the life of the individual.

 Well done Dr Mallia.

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