The International Rule of Law and Seaborne Refugees

Abstract

This thesis examines the seaborne movement of asylum-seekers, irregular migrants and refugees in the late twentieth and early twenty-first century. It critically assesses the relevant international legal regimes that apply through an examination of the law of the sea, refugee law, human rights law, humanitarian law and transnational criminal law. In doing so, it identifies the treaty gaps that exist within each of these regimes. This doctrinal analysis of the legal regimes is then supplemented by an analysis of the United States' practice in the Caribbean, Australia's practice off its northern border, and the European Union's response to maritime movement in the Mediterranean Sea. It critiques how those actors have implemented their international legal obligations and approached the treaty gaps. It considers the increased focus by States on national security and how the evolution of offshore interdiction and processing practices have reshaped approaches to seaborne asylum seekers, irregular migrants, and refugees. The thesis considers United Nations' and regional initiatives to facilitate coordination, and the potential benefits they offer, as well as their limited uptake by States. The thesis examines the lack of political will to address the gaps in the legal regimes, with States choosing to retain legal ambiguities so as to allow an array of responses. Show more