A CASE FOR HARMONIZING LAWS ON MARITIME INTERCEPTIONS OF IRREGULAR MIGRANTS

Natalie Klein

26 citations0/0 files storedInternational and Comparative Law Quarterly

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Immigration Law and Human Rights Maritime Security and History Migration, Racism, and Human Rights

Abstract

Abstract Maritime interceptions continue as a fundamental dimension to external border controls against irregular migration, as seen most recently in Australia's institution of Operation Sovereign Borders in late 2013. The practice of developed States has highlighted the varied application and interpretation of four bodies of international law: the law of the sea, search and rescue obligations, refugee obligations and international human rights law. This article assesses this practice and the use of laws, highlighting the fragmentation of international law that has resulted. A proposal is presented to harmonize these laws and reconcile the divergent policy perspectives of different stakeholders.

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References

1998Security: A New Framework for Analysis 2005THE PRINCIPLE OF SYSTEMIC INTEGRATION AND ARTICLE 31(3)(C) OF THE VIENNA CONVENTION 2011Maritime Security and the Law of the Sea 2009Shipping Interdiction and the Law of the Sea

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2018SECURITIZATION OF SEARCH AND RESCUE AT SEA: THE RESPONSE TO BOAT MIGRATION IN THE MEDITERRANEAN AND OFFSHORE AUSTRALIA

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