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Chapter Summary

This is the concluding chapter of the book, which determines whether the existing jurisdictional regime provides an adequate system to combat effectively the crime of maritime migrant smuggling. Specific regulation of the crime is both recent and limited, in the form of the Migrant Smuggling Protocol. Surrounding this however, there lies the general regime of the law of the sea, including provisions on the rescue of those in distress at sea, humanitarian principles of protection and human rights law. As far as the maritime border patrols coordinated by Frontex are concerned, their effectiveness would benefit greatly from a specific modus operandi agreed to by the States concerned. There is a pressing need to define the circumstances in which a State is obliged to assume responsibility for processing the asylum claims of those rescued at sea.

Keywords: human rights law; humanitarian principles; law of the sea; maritime migrant smuggling



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