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From the paper: The novelty of the Hirsi Jamaa case is the new exploit that the principle of not refoulement, must be observed also on the high seas by the European States, because the rescue operations on the high seas are cases of extra-territorial exercise of the jurisdiction of that State. Under International Law concerning the protection of refugees, the decisive test in establishing the responsibility of a State was not whether the person being returned was on the territory of a State but whether that person fell under the effective control and authority of that State. Accordingly, the events giving rise to the alleged violations fall within Italy’s “jurisdiction” with the meaning of Article 1 of the Convention: “The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of [the] Convention.”

Contribution to the 3rd International Degrowth Conference for Ecological Sustainability and Social Equity in Venice in 2012.