Legal treatment of the forced return of immigrants rescued by sea: the case of the Spanish fishing Vessel Francisco y Catalina

Abstract

The migratory incident involving the Spanish fishing vessel Francisco y Catalina, in which immigrants were rescued on the high seas and an international legal crisis was triggered, constitutes a highly relevant case study for the training of legal professionals, both at the undergraduate and postgraduate levels. This case provides an ideal platform to analyze the application of international law, human rights, and the European Union's migration regulations. In the training of lawyers, the analysis of real-life situations like this one helps develop essential competencies such as legal interpretation, critical analysis, and legal argumentation. For undergraduate students, studying this case aids in understanding the hierarchy of international norms, the application of treaties, and the resolution of interstate conflicts. At the postgraduate level, the focus deepens on constructing legal strategies and defending fundamental rights in complex and crisis-driven contexts. The academic approach to this incident should include the study of maritime law, international agreements on migration and asylum, and the role of organizations such as the UNHCR. It is also essential to review jurisprudence and doctrine regarding the obligation of coastal states in maritime rescue and the protection of human rights. From a methodological perspective, case studies, mock trials, and the analysis of legal rulings are suggested as teaching strategies. These methods promote the development of practical skills in interpreting norms and constructing solid legal arguments.

KEYWORDS: International law; Legal training; Human rights; Conflict resolution; Legal strategies.