Irregular maritime migration in context

Abstract

Irregular maritime migration presents a conceptual challenge to States: security interests and the sovereign right of a State to control access to its territory come face to face with fundamental principles of protection of persons. Individuals will always seek to leave their own countries and enter States in an irregular manner, be they persons who are attempting to flee conflict, persecution or natural disasters, as well as those seeking to circumvent migration and border controls, often in order to improve their economic circumstances. In this area, therefore, the rights of States and duties of those same States towards individuals meet and often collide. Apart from conflicting rights and duties, one is also aware of a variety of legal regimes applying to the same factual phenomenon which is notoriously difficult to control. [Excerpt]