Irregular immigration : responses in the international and national legal fora

Abstract

The phenomenon of irregular immigration has given rise to much debate both on a national and at an international level. During such debates many proposals are made as to the means of response which should be adopted in order to alleviate its effects. In the context of the historical movements of people, the concept of irregular immigration is a relatively recent one since it was only when States formulated rules governing the entry and residence of foreigners and enforced them, that contraventions of such rules became possible. The following thesis aims to consider and evaluate the various legal responses which have emerged at International, European and local levels as well as to identify the State obligations at play. Although the methods of response may very in each level the need to reach a more holistic approach is evident - repressive measures alone are not enough, the problem needs to be dealt with at its root i.e. in countries of origin. Due to the transnational nature of this phenomenon States are unable to deal with the consequences on their own and must make an effort to reach reasonable compromises in international and regional fora.