Irregular Migration across the Mediterranean Sea: Problematic Issues Concerning the International Rules on Safeguard of Life at Sea
Migration by sea is a phenomenon which is largely associated with irregular flows and growing concern by destination States about border control and integrity of restrictive migration policies. Only incidentally, the human rights' costs are extensively debated. The Mediterranean Sea is a crucia...
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| Format: | Article |
| Language: | English |
| Published: |
Universidad de Cádiz
2013
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4580158 |
| Source: | Paix et sécurité internationales: revue maroco-espagnole de droit international et relations internationales, ISSN 2341-0868, Nº. 1, 2013, pags. 53-76 |
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| Summary: |
Migration by sea is a phenomenon which is largely associated with irregular flows
and growing concern by destination States about border control and integrity of restrictive migration
policies. Only incidentally, the human rights' costs are extensively debated. The Mediterranean Sea
is a crucial scenario which highlights the difficulty encountered by the Search and Rescue regime to
cope with the techniques adopted by smugglers and with the additional tensions provoked by some
features of EU migration law. The SAR provisions are inherently accompanied by certain elasticity,
in order to take into account the variety of concrete situations. In a regional context characterized
by political divergences among European states and between the latters and transit countries, some
IMO and EU's attempts to draw a solution are evaluated: it clearly emerges that the failures to
find out a reasonable compromise are due to factors external to maritime law. Such factors must
be addressed with more courage by the EU member states: the hot issue of the burden sharing; a
really comprehensive dialogue with origin countries and transit countries on the complex subject of
international migration; the renunciation to ask the cooperation of states with a negative human rights
record. Absent a more far reaching policy, dramatic events and hidden deaths will sadly continue, as
far as the crocodile tears of European politicians when some incident eventually reaches the attention
of media and of public opinion |
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