Abstract. The regime of irregular migration in
international public law
The purpose of this study is to give an overview on the
international framework concerning the irregular migration at sea. It discusses
the paradox between the globalization of the world and the close of borders and
the state practice regarding this phenomenon.
The duty of assistance is a well-established law of the sea
rule that command every ship in the ocean to assist persons at risk at sea.
Nevertheless, hundreds of persons die each day at sea without assistance
despite this international duty. State practice is focused on the ways to stop
such phenomenon instead of complete their international obligations. This state
of the international law of the sea is really harmful for the irregular
migrants at sea whose rights are not respected, especially, the right to leave
a country, the right to seek asylum and the principle of non-refoulement.
In regard of this reality, proposals are made in this paper
such as the clarification of the legal framework and the soft law solution.
Key words.
Migration - International Law - Law of the sea - Boat-people -
International Refugee Law - Non-refoulement principle - Human rights.
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