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Chapter Summary

'Migrant smuggling by sea' is a particular offence, recently defined in international treaty law, in which individuals are assisted in their attempt to enter a State's territory via the sea in a covert manner in violation of its laws, evading detection by its border control officials. Although the doctrine of State sovereignty prohibits enforcement action by one State on the territory of another, two branches of exceptions to this rule are emerging. Non-entree policies such as visa regimes, carrier sanctions and departure control inspections form the first group of exceptions. The second emerging exception is of maritime enforcement increasingly being carried out outside coastal States' jurisdictional zones. Migrant smuggling causes a disruption both to national immigration policies and to the international protection framework as a whole. Southern points in Europe are attractive destinations or transit points for further journeys up into Europe.

Keywords: Europe; internationaltreaty law; migrant smuggling



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