International and Comparative Law Quarterly
Volume 63, Issue 4, 2014, Pages 787-814

A case for harmonizing laws on maritime interceptions of irregular migrants (Article)

Klein N.*
  • a Macquarie University, Australia

Abstract

Maritime interceptions continue as a fundamental dimension to external border controls against irregular migration, as seen most recently in Australia's institution of Operation Sovereign Borders in late 2013. The practice of developed States has highlighted the varied application and interpretation of four bodies of international law: the law of the sea, search and rescue obligations, refugee obligations and international human rights law. This article assesses this practice and the use of laws, highlighting the fragmentation of international law that has resulted. A proposal is presented to harmonize these laws and reconcile the divergent policy perspectives of different stakeholders. © 2014, Cambridge University Press. All rights reserved.

Author Keywords

Migration human rights Refugees Law of the sea Search and rescue

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84913600433&doi=10.1017%2fS0020589314000360&partnerID=40&md5=27ca9ce9755867739dd6e22aa8db088a

DOI: 10.1017/S0020589314000360
ISSN: 00205893
Cited by: 7
Original Language: English