An analysis of the relationship between mass migration by sea and major branches of international law

Abstract

Mass migration by sea is a topic of great relevance today especially within the international law sphere, and therefore an analysis between the major branches of international law relating to maritime migration – international maritime law, international criminal law and international human rights law - is important in order to examine what sort of protection is given to such migrants at sea. This dissertation will first go into the defining factors of migration, such as the causes of migration, the definition of human trafficking and the definition of migrant smuggling, together with examining the relationship between the latter two crimes. In subsequent chapters, the dissertation will focus on analysing the relationship between the United Nations Convention on the Law of the Sea, the International Convention on Maritime Search and Rescue and the International Convention for the Safety of Life at Sea, for instances that relate to maritime international law. The United Nations Convention Against Transnational Organised Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, to see the relationship that mass migration by sea holds within the international criminal law sphere. Finally, the International Convention for the Protection of Human Rights and Fundamental Freedoms, the Convention relating to the Status of Refugees and the Protocol relating to the Status of Refugees to see the connection that can be found from a human rights perspective. Ultimately, this dissertation is set out to analyse whether the major branches of international law provide the necessary protection to migrants in mass migration cases or otherwise, and where such protection can improve by viewing both protections limitations and relevant judgements for each of the major branches and the relevant laws within each branch.