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The Legal Framework Concerning The Smuggling Of Migrants At Sea Under The Un Protocol On The Smuggling Of Migrants By Land, Sea And Air

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Chapter Summary

This chapter examines the basic legal framework on immigration control at sea stipulated by the Protocol against Smuggling of Migrants by Land, Sea and Air (Smuggling Protocol), attached to the United Nations Convention against Transnational Organised Crime (Organised Crime Convention). The Chapter starts by looking at the definition of smuggling of human beings. It then highlights general obligations imposed by the Smuggling Protocol as regards the legal framework to deal with smuggling of migrants at sea. Inclusion of this Article was regarded as necessary in order to deter migrants and organised criminal groups. It mainly applies to smuggling being carried out on the high seas, because the existing principles relating to the rights of coastal States apply if the act is taking place in the territorial sea.

Keywords: coastal States; human beings; immigration control; legal framework; sea; Smuggling



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