Illegal Immigration Across the Seas

Abstract

This study examines irregular migration across the seas as one of the most significant legal and humanitarian challenges facing the international community, particularly in areas such as the Mediterranean. It aims to analyze the extent to which international law can balance the right of states to protect their maritime borders with their obligation to respect the rights of migrants. The study clarifies the terminological complexities, distinguishing between irregular migration, migrant smuggling, and human trafficking. It also reviews the legal basis for states' sovereignty over their territorial waters under the United Nations Convention on the Law of the Sea, and the mechanisms available to them, such as surveillance and the interception of vessels. Conversely, the study emphasizes the limitations on this authority, primarily the duty to save lives at sea and the principle of non-refoulement, citing the jurisprudence of the European Court of Human Rights. The study concludes that international law provides an effective framework, but its implementation faces practical challenges. It recommends strengthening international cooperation, addressing the root causes of migration, improving living conditions, and developing national legislation to ensure a comprehensive approach that balances security requirements with the protection of human dignity.