'Boat Refugees' and Migrants at Sea: A Comprehensive Approach

Integrating Maritime Security with Human Rights

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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.
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Biographical Note

Dr Violeta Moreno-Lax is Lecturer in Law, Director and co-founder of the Immigration Law programme, Co-Director and co-founder of the Centre for European and International Legal Affairs (CEILA) at Queen Mary University of London, and EU Asylum Law Coordinator at the Refugee Law Initiative of the University of London.

Dr Efthymios Papastavridis is part-time lecturer in Public International Law at the Democritus University of Thrace, Research Fellow at the Academy of Athens and Athens Public International Law Center, and, since April 2016, Postdoctoral Research Assistant in International Law of the Sea at the Faculty of Law of Oxford University.

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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