'Boat Refugees' and Migrants at Sea: A Comprehensive Approach, Integrating Marine Security with Human Rights

International Law

'Boat Refugees' and Migrants at Sea: A Comprehensive Approach, Integrating Marine Security with Human Rights

Edited by Violeta Moreno-Lax · Efthymios Papastavridis
Brill Nijhoff December 2016

Specifications

ISBN-13
9789004300743
Publisher
Brill Nijhoff
Publication
December 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

INTRODUCTION: Tracing the Bases of an Integrated Paradigm for Maritime Security and Human Rights at Sea by Violeta Moreno-Lax and Efthymios Papastavridis
Chapter 1 Setting the Scene: Refugees, Asylum Seekers, and Migrants at Sea – The Need for a Long-Term, Protection-Centred Vision by Guy S. Goodwin-Gill
PART I STRUCTURAL COMPLEXITIES: SECURITY, SOVEREIGNTY & ANONIMITY AT SEA
Chapter 2 A Maritime Security Framework for the Legal Dimensions of Irregular Migration by Sea by Natalie Klein
Chapter 3 The Perfect Storm: Sovereignty Games and the Law and Politics of Boat Migration by Thomas Gammeltoft-Hansen
Chapter 4 Who is the ‘Boat Migrant’? Challenging the Anonymity of Death by Border-Sea by Tamara Last
PART II (PREDOMINANT) POLICY APPROACHES: SECURITISATION & CRIMINALISATION OF MARITIME FLOWS
Chapter 5 The Migrant Smuggling Protocol and the Need for a Multi-Faceted Approach: Inter-sectionality and Multi-Actor Cooperation by Jean-Pierre Gauci and Patricia Mallia
Chapter 6 Boat Migrants as the Victims of Human Trafficking: Exploring Key Obligations through a Human-Rights Based Approach by Tom Obokata
Chapter 7 Transnational Crime and the Rule of Law at Sea: Responses to Maritime Migration and Piracy Compared by Douglas Guilfoyle
PART III MAIN RIGHTS & MAIN OBLIGATIONS OF STATES AT SEA
Chapter 8 Interception of Migrant Boats at Sea by Jasmine Coppens
Chapter 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? by Lisa-Marie Komp
Chapter 10 Access to Asylum at Sea? Non-refoulement and a Comprehensive Approach to Extraterritorial Human Rights Obligations by Maria-Giulia Giuffré
PART IV CROSS-REGIONAL PERSPECTIVES
Chapter 11 Responses to ‘Boat Migration’: A Global Perspective - US Practices by Niels Frenzen
Chapter 12 The (Un-)sustainability of Australia’s Offshore Processing and Settlement Policy
by Claire Higgins
Chapter 13 Leave and Let Die: The EU Banopticon Approach to Migrants at Sea by Marie-Laure Basilien-Gainche
Chapter 14 Into Africa: ‘Boat People’ in sub-Saharan Africa by Cristiano D’Orsi Sergio Carciotto and Corey R Johnson
PART V KEY ELEMENTS FOR A SOLUTION: RESPONSIBILITY & COOPERATION
Chapter 15 The EU External Borders Policy and Frontex-coordinated Operations at Sea: Who is in Charge? Reflections on Responsibility for Wrongful Acts by Maïté Fernandez
Chapter 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 by Meltem Ineli-Ciger
CONCLUSIONS: Concluding Remarks: The Present and Future of ‘Boat Refugees’ and Migrants at Sea by Anja Klug
Index.
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