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

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    Authors
    Borelli, Silvia
    Stanford, Ben
    Affiliation
    University of Bedfordshire
    Issue Date
    2014
    Subjects
    European Convention on Human Rights
    extraterritorial application of human rights obligations
    Frontex
    jurisdiction
    migration control operations at sea
    positive obligations
    non-refoulement
    law of the sea
    human rights
    Mediterranean
    refugees
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    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.
    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
    URI
    http://hdl.handle.net/10547/578865
    Additional Links
    http://ssrn.com/abstract=2431658.
    Type
    Article
    Language
    en
    Collections
    Centre for Research in Law (CRiL)
    Law

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