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State Practice

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Chapter Summary

This chapter illustrates salient points within the cases chosen which relate to the jurisdictional powers of States in the current international legal framework. Insofar as State practice is concerned, some States have developed a specific policy with regard to interception, while others are still in the process of formulating one. Australia and the USA, for example, have both adopted interception policies under which official vessels patrol common transit routes and forcibly prevent maritime arrivals. The chapter discusses Australia's approach in relation to irregular boat arrivals by looking at major legislative interventions both prior to and after the arrival of the Tampa. The main aim of the European Union (EU) is the establishment of an area of freedom, security and justice without internal borders. The objective is to guarantee the freedom of movement of persons with concomitant security by combating crime-applicable to citizens of the Union and non-citizens alike.

Keywords: Australia; European Union (EU); State practice; USA



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