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Legal Rights and Obligations of States with Regard to Interception at Sea: Extraterritorial Application of the Principle of Non-refoulement

Murati, Artan LU (2012) JAMM04 20121
Department of Law
Abstract
The migration of people by sea is not a new phenomenon. Since early days,
people whose lives have been under threat or people in search of better
living conditions often have taken this route. However, today States are
trying to prevent every attempt of irregular migration as they have
established policies of interception at sea. They often engage in
interceptions without taking into consideration the condition of the persons
who have been intercepted and their need for international protection.
Moreover, States recently have advanced their interception practice on the
high seas, claiming that they do not have any international obligations
towards the persons that have been intercepted. However, as the thesis will
argue,... (More)
The migration of people by sea is not a new phenomenon. Since early days,
people whose lives have been under threat or people in search of better
living conditions often have taken this route. However, today States are
trying to prevent every attempt of irregular migration as they have
established policies of interception at sea. They often engage in
interceptions without taking into consideration the condition of the persons
who have been intercepted and their need for international protection.
Moreover, States recently have advanced their interception practice on the
high seas, claiming that they do not have any international obligations
towards the persons that have been intercepted. However, as the thesis will
argue, migrants, asylum seekers or refugees are not left in “legal black hole”
when they are intercepted beyond State’s territorial borders, in an
extraterritorial context. Human rights including the principle of nonrefoulement
as a core norm of the refugee law, also apply in extraterritorial
context wherever a State exercises jurisdiction. Any action by a State, which
does not comply with their human rights obligations, will result in a
violation of these obligations including the principle of non-refoulement. (Less)
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author
Murati, Artan LU
supervisor
organization
course
JAMM04 20121
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
2799498
date added to LUP
2012-07-13 10:44:57
date last changed
2012-07-13 10:44:57
@misc{2799498,
  abstract     = {The migration of people by sea is not a new phenomenon. Since early days,
people whose lives have been under threat or people in search of better
living conditions often have taken this route. However, today States are
trying to prevent every attempt of irregular migration as they have
established policies of interception at sea. They often engage in
interceptions without taking into consideration the condition of the persons
who have been intercepted and their need for international protection.
Moreover, States recently have advanced their interception practice on the
high seas, claiming that they do not have any international obligations
towards the persons that have been intercepted. However, as the thesis will
argue, migrants, asylum seekers or refugees are not left in “legal black hole”
when they are intercepted beyond State’s territorial borders, in an
extraterritorial context. Human rights including the principle of nonrefoulement
as a core norm of the refugee law, also apply in extraterritorial
context wherever a State exercises jurisdiction. Any action by a State, which
does not comply with their human rights obligations, will result in a
violation of these obligations including the principle of non-refoulement.},
  author       = {Murati, Artan},
  language     = {eng},
  note         = {Student Paper},
  title        = {Legal Rights and Obligations of States with Regard to Interception at Sea: Extraterritorial Application of the Principle of Non-refoulement},
  year         = {2012},
}