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The International Law Of The Sea And Migration Control

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Chapter Summary

This paper asks to as what problems remain that impede the development of a more satisfactory regulatory regime for dealing with the irregular migration of people by sea. The UNCLOS also makes explicit provision for two further types of protective measure that coastal States may take against vessels regardless of the nature of their passage. First, the coastal State is entitled to take steps to prevent vessels proceeding to internal waters, or port facilities outside internal waters, from breaching any of the conditions for admission to such areas. Second, the passage of any vessel may be suspended in accordance with Article 25(3). It reflects upon United States domestic practice, which is better developed than in many jurisdictions and appears to be in line with the provisions of the UNCLOS. Second, if the focus is on cooperative mechanisms, then it is suggested that this need to be structured, and possibly institutionalised.

Keywords: irregular migration; sea; UNCLOS; United States; vessels



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