This book aims to address boat migration with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of migrants at sea thoroughly."
Author(s): Violeta Moreno-Lax; Efthymios Papastavridis
Series: International Refugee Law Series, 7
Publisher: Brill
Year: 2016
Language: English
Pages: 481
City: Leiden
‘Boat Refugees’ and Migrants at Sea: A Comprehensive Approach: Integrating Maritime Security with Human Rights
Copyright
Contents
List of Illustrations
Abbreviations
List of Contributors
Introduction: Tracing the Bases of an Integrated Paradigm for Maritime Security and Human Rights at Sea
1 Setting the Scene: Refugees, Asylum Seekers, and Migrants at Sea – the Need for a Long-term, Protection-Centred Vision
Part 1: Structural Complexities: Security, Sovereignty & Anonymity at Sea
2 A Maritime Security Framework for the Legal Dimensions of Irregular Migration by Sea
3 The Perfect Storm: Sovereignty Games and the Law and Politics of Boat Migration
4 Who is the ‘Boat Migrant’? Challenging the Anonymity of Death by Border-Sea
Part 2: (Predominant) Policy Approaches: Securitisation & Criminalisation of Maritime Flows
5 The Migrant Smuggling Protocol and the Need for a Multi-faceted Approach: Inter-sectionality and Multi-actor Cooperation
6 Boat Migrants as the Victims of Human Trafficking: Exploring Key Obligations through a Human Rights Based Approach
7 Transnational Crime and the Rule of Law at Sea: Responses to Maritime Migration and Piracy Compared
Part 3: Main Rights & Main Obligations of States at Sea
8 Interception of Migrant Boats at Sea
9 The Duty to Assist Persons in Distress: An Alternative Source of Protection against the Return of Migrants and Asylum Seekers to the High Seas?
10 Access to Asylum at Sea? Non-refoulement and a Comprehensive Approach to Extraterritorial Human Rights Obligations
Part 4: Cross-Regional Perspectives
11 Responses to ‘Boat Migration’: A Global Perspective – US Practices
12 The (Un-)sustainability of Australia’s Offshore Processing and Settlement Policy
13 Leave and Let Die: The EU Banopticon Approach to Migrants at Sea
14 Into Africa: ‘Boat People’ in Sub-Saharan Africa
Part 5: Key Elements for a Solution: Responsibility & Cooperation
15 The EU External Borders Policy and Frontex-Coordinated Operations at Sea: Who is in Charge? Reflections on Responsibility for Wrongful Acts
16 An Examination of the Comprehensive Plan of Action as a Response to Mass Influx of ‘Boat People’: Lessons Learnt for a Comprehensive Approach to Migration by Sea
Conclusion: Closing Remarks: The Present and Future of ‘Boat Refugees’ and Migrants at Sea
Select Bibliography
Index
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