Troubled waters in the Mare Nostrum: interception and push-backs of migrants in the Mediterranean and the European Convention on Human Rights

2.50
Hdl Handle:
http://hdl.handle.net/10547/578865
Title:
Troubled waters in the Mare Nostrum: interception and push-backs of migrants in the Mediterranean and the European Convention on Human Rights
Authors:
Borelli, Silvia; Stanford, Ben
Abstract:
The practice of ‘push-backs’ in the Mediterranean Sea, in which vessels carrying migrants are intercepted and forced to return to the State from which they departed (or from which they are presumed to have departed) raises serious issues from the perspective of international human rights law. In the wake of the spate of recent tragedies, in which innocent women, children and men attempting to traverse the Mediterranean in order to reach European shores have lost their lives, States and European institutions are finally responding to these issues. The present piece explores the legality of the practice of push-backs under international human rights standards, particularly the European Convention on Human Rights, and offers an assessment of the ongoing developments within the European Union. The piece offers a preliminary assessment of the Draft Regulation relating to joint migration control operations at sea under the auspices of Frontex which aims belatedly to ensure that migration control operations incorporate an element of protection of human life and other fundamental human rights.
Affiliation:
University of Bedfordshire
Citation:
Borelli, S. and Stanford, B. (2014) “Troubled Waters in the Mare Nostrum: Interception and Push-Backs of Migrants in the Mediterranean and the European Convention on Human Rights”, in Uluslararası Hukuk ve Politika – Review of International Law and Politics, vol. 10, pp. 29-69.
Publisher:
International Strategic Research Organization
Journal:
Uluslararası Hukuk ve Politika – Review of International Law and Politics
Issue Date:
2014
URI:
http://hdl.handle.net/10547/578865
Additional Links:
http://ssrn.com/abstract=2431658.
Type:
Article
Language:
en
Appears in Collections:
Centre for Research in Law (CRiL)

Full metadata record

DC FieldValue Language
dc.contributor.authorBorelli, Silviaen
dc.contributor.authorStanford, Benen
dc.date.accessioned2015-09-29T11:49:13Zen
dc.date.available2015-09-29T11:49:13Zen
dc.date.issued2014en
dc.identifier.citationBorelli, S. and Stanford, B. (2014) “Troubled Waters in the Mare Nostrum: Interception and Push-Backs of Migrants in the Mediterranean and the European Convention on Human Rights”, in Uluslararası Hukuk ve Politika – Review of International Law and Politics, vol. 10, pp. 29-69.en
dc.identifier.urihttp://hdl.handle.net/10547/578865en
dc.description.abstractThe practice of ‘push-backs’ in the Mediterranean Sea, in which vessels carrying migrants are intercepted and forced to return to the State from which they departed (or from which they are presumed to have departed) raises serious issues from the perspective of international human rights law. In the wake of the spate of recent tragedies, in which innocent women, children and men attempting to traverse the Mediterranean in order to reach European shores have lost their lives, States and European institutions are finally responding to these issues. The present piece explores the legality of the practice of push-backs under international human rights standards, particularly the European Convention on Human Rights, and offers an assessment of the ongoing developments within the European Union. The piece offers a preliminary assessment of the Draft Regulation relating to joint migration control operations at sea under the auspices of Frontex which aims belatedly to ensure that migration control operations incorporate an element of protection of human life and other fundamental human rights.en
dc.language.isoenen
dc.publisherInternational Strategic Research Organizationen
dc.relation.urlhttp://ssrn.com/abstract=2431658.en
dc.subjectEuropean Convention on Human Rightsen
dc.subjectextraterritorial application of human rights obligationsen
dc.subjectFrontexen
dc.subjectjurisdictionen
dc.subjectmigration control operations at seaen
dc.subjectpositive obligationsen
dc.subjectnon-refoulementen
dc.subjectlaw of the seaen
dc.subjecthuman rightsen
dc.subjectMediterraneanen
dc.subjectrefugeesen
dc.titleTroubled waters in the Mare Nostrum: interception and push-backs of migrants in the Mediterranean and the European Convention on Human Rightsen
dc.typeArticleen
dc.contributor.departmentUniversity of Bedfordshireen
dc.identifier.journalUluslararası Hukuk ve Politika – Review of International Law and Politicsen
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