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


Book Description

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.




The International Legal Protection of Migrants at Sea


Book Description

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.




Migration by Boat


Book Description

At a time when thousands of refugees risk their lives undertaking perilous journeys by boat across the Mediterranean, this multidisciplinary volume could not be more pertinent. It offers various contemporary case studies of boat migrations undertaken by asylum seekers and refugees around the globe and shows that boats not only move people and cultural capital between places, but also fuel cultural fantasies, dreams of adventure and hope, along with fears of invasion and terrorism. The ambiguous nature of memories, media representations and popular culture productions are highlighted throughout in order to address negative stereotypes and conversely, humanize the individuals involved.




Routledge Handbook of Maritime Security


Book Description

This handbook offers a critical and substantial analysis of maritime security and documents the most pressing strategic, economic, socio-cultural and legal questions surrounding it. Written by leading international experts, this comprehensive volume presents a wide variety of theoretical positions on maritime security, detailing its achievements and outlining outstanding issues faced by those in the field. The book includes studies which cover the entire spectrum of activity along which maritime security is developing, including, piracy, cyber security, energy security, terrorism, narco-subs and illegal fishing. Demonstrating the transformative character and potential of the topic, the book is divided into two parts. The first part exhibits a range of perspectives and new approaches to maritime security, and the second explores emerging developments in the practice of security at sea, as well as regional studies written by local maritime security experts. Taken together, these contributions provide a compelling account of the evolving maritime security environment, casting fresh light on theoretical and empirical aspects. The book will be of much interest to practitioners and students of maritime security, naval studies, security studies, maritime history, and International Relations in general. Chapter 13 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial] (CC-BY-NC)] 4.0 license.




All at Sea


Book Description

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




Internally Displaced Persons and International Refugee Law


Book Description

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.




Environmental Rights in Europe and Beyond


Book Description

The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.




The Changing Practices of International Law


Book Description

Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.




Deadly Voyages


Book Description

Deadly Voyages: Migrant Journeys across the Globe explores the burdens and impact of perilous migration, while considering which laws, policies, practices, and venues might establish empathy and protection for migrants. This interdisciplinary volume envisions and calls for a transformation in migration policy, motivated by the common goal of drastically reducing the peril migrants face when compelled to make their treacherous journeys. All contributors to this volume agree on the inadequacy of current approaches and the dire need for change in global migration law and policy. Therefore, the book seeks to inform, educate, persuade, and facilitate newer or less-heard perspectives, toward wider participation and influence within the forced migration policy debate. Guided by the famous advice of Karl Marx that the point should be changing the world rather than merely analyzing or interpreting it, the contributors suggest practical measures to fix the current gap in responses to migrant peril, along with strategies for diagnosing, countering, and promoting human dignity and social justice, with the aim of preventing future deaths and injuries in migrant journeys across the globe.




Exporting the European Convention on Human Rights


Book Description

This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.