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

'Boat Refugees' and Migrants at Sea: A Comprehensive Approach
Author: Violeta Moreno-Lax
Publisher: BRILL
Total Pages: 481
Release: 2016-11-21
Genre: Law
ISBN: 9004300759

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.

Humanity at Sea

Humanity at Sea
Author: Itamar Mann
Publisher: Cambridge University Press
Total Pages: 265
Release: 2016-09-29
Genre: Law
ISBN: 1107148766

This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.

Boats, Borders, and Bases

Boats, Borders, and Bases
Author: Jenna M. Loyd
Publisher: Univ of California Press
Total Pages: 320
Release: 2018-03-09
Genre: Social Science
ISBN: 0520962966

Discussions about U.S. migration policing have traditionally focused on enforcement along the highly charged U.S.-Mexico boundary. Enforcement practices such as detention policies designed to restrict access to asylum also transpire in the Caribbean. Boats, Borders, and Bases tells a missing, racialized history of the U.S. migration detention system that was developed and expanded to deter Haitian and Cuban migrants. Jenna M. Loyd and Alison Mountz argue that the U.S. response to Cold War Caribbean migrations established the legal and institutional basis for contemporary migration detention and border-deterrent practices in the United States. This book will make a significant contribution to a fuller understanding of the history and geography of the United States’s migration detention system.

Migrant Smuggling by Sea

Migrant Smuggling by Sea
Author: Patricia Mallia
Publisher: BRILL
Total Pages: 304
Release: 2009-10-03
Genre: Law
ISBN: 9004182977

A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.

All at Sea

All at Sea
Author: Kathleen Newland
Publisher: Migration Policy Institute and the Bertelsmann Foundation
Total Pages: 206
Release: 2016
Genre: Emigration and immigration
ISBN: 9780983159162

Maritime migration : a wicked problem / Kathleen Newland -- Case study : unauthorized maritime migration in Europe and the Mediterranean region / Elizabeth Collett -- Case study : unauthorized maritime migration in the Bay of Bengal / Kathleen Newland -- Case study : unauthorized maritime migration in the Gulf of aden and the Red Sea / Kate Hooper -- Case study : the maritime approaches to Australia / Kathleen Newland -- Case study : maritime migration in the United States and the Caribbean / Kathleen Newland and Sarah Flamm

The International Legal Protection of Migrants at Sea

The International Legal Protection of Migrants at Sea
Author: Niba Fontoh
Publisher: BRILL
Total Pages: 148
Release: 2023-11-20
Genre: Law
ISBN: 9004685111

Faced with the migration crisis which has turned the sea into a graveyard for sea migrants, this book addresses the issue by examining the international legal framework which enjoins States and other actors at sea to come to the rescue of migrants in distress at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who willingly and intentionally endanger their lives at sea, while ensuring that these rights and obligations are not abused. Multifarious branches of International Law defend this position.

The International Law of Migrant Smuggling

The International Law of Migrant Smuggling
Author: Anne T. Gallagher
Publisher: Cambridge University Press
Total Pages: 841
Release: 2014-07-21
Genre: Law
ISBN: 1107015928

This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.

The Duty of the Shipmaster to Render Assistance at Sea under International Law

The Duty of the Shipmaster to Render Assistance at Sea under International Law
Author: Felicity G. Attard
Publisher: BRILL
Total Pages: 374
Release: 2020-08-25
Genre: Law
ISBN: 9004438254

This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.

The Refugee in International Law

The Refugee in International Law
Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
Total Pages: 865
Release: 2021
Genre: Law
ISBN: 0198808569

Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.

Internally Displaced Persons and International Refugee Law

Internally Displaced Persons and International Refugee Law
Author: Bríd Ní Ghráinne
Publisher: Oxford University Press
Total Pages: 241
Release: 2022-03-15
Genre: Law
ISBN: 0192638920

Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.