'The EU Border Crisis: Questions for International Migration Law' - Bernard Ryan: CELS Seminar
Duration: 38 mins 22 secs
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| Description: |
Professor Bernard Ryan of Leicester University gave a lunchtime seminar entitled "The EU Border Crisis: Questions for International Migration Law" on 14 November 2018 at the Faculty of Law as a guest of CELS (the Centre for European Legal Studies).
For more information see the CELS website at http://www.cels.law.cam.ac.uk/ |
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| Created: | 2018-11-16 09:20 |
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| Collection: | Cambridge Centre for European Legal Studies (CELS) Seminar Series MOVED |
| Publisher: | University of Cambridge |
| Copyright: | Mr D.J. Bates |
| Language: | eng (English) |
| Abstract: | This paper considers several legal issues posed by the responses of the EU and its Member States to the ongoing Mediterranean migration crisis.
The starting-point is the European Court of Human Rights ruling in Hirsi Jamaa in February 2012, which held that a contracting state has responsibility for migrants intercepted or rescued by its vessels on the high seas. That ruling left EU states reluctant to engage in such operations, notwithstanding the risks to life in irregular sea journeys. Instead, states pursue alternative strategies of preventing the irregular arrivals of migrants by sea. The presentation considers a number of international law problems which have arisen in this context: the extent of responsibility for rescue at sea, and for disembarkation after rescue; the right to leave a state to become an irregular migrant elsewhere; and, international responsibility for the actions of another state aimed at preventing irregular arrivals. The broad question is whether – in the spirit of the decision in Hirsi Jamaa – international law is able to govern the actions of states, so as to ensure full respect for human rights. |
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