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Extraterritorial Strategies To Tackle Irregular Immigration By Sea: A Spanish Perspective

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Chapter Summary

This chapter explores the interception operations carried out by Spain in order to prevent irregular immigration by sea towards its coasts. Reference will be made to the interdiction powers at the disposal of a State according to the law of the sea, to the Spanish authorities competent to exercise those powers, and to the modern technical resources which they make use of to detect and intercept immigrants at sea. The chapter addresses the specific interception operations led by Spain in the sovereign waters of third countries, and their connection with operations coordinated by the FRONTEX Agency. lt analyses the reform of the Spanish criminal jurisdiction law undertaken in order to allow for the extraterritorial pursuit of the smuggling of irregular migrants, as well as the Spanish case law on this issue. The chapter presents a discussion of the criminal sanctioning of smuggling within the Spanish legal order.

Keywords: extraterritorial strategies; FRONTEX Agency; irregular immigration; law of the sea; Spanish criminal jurisdiction law



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