UNIVERSITY OF MACEDONIA

Masters of science degree in

shipping and sea transports: economics and politics

LAW OF THE SEA

Subject: Migration by sea: address the legal and political challenges

Author: Professor:
Peoglou Anestis Chainoglou Kalliopi
JUNE 23

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 CONTENTS OF TABLE

 INTRODUCTION P.3
 DEFINITIONS P.4
 MIGRATION’S HISTORY P.4-5
 THE CAUSE OF MIGRATION
P.5-6
 AN INTERNATIONAL P.6-7
PROBLEM
 MEASURES TO PREVENT
UNAUTHORISED ARRIVALS
P.7-8
 PUSH BACK PROCEDURE
P.8-9
 EU’S ACTIONS
P.9-10
 ASYLUM P.10-11
 IOM & UNCHR P.11-12
 THE LEGAL CHALLENGES P.12-13
 THE POLITICAL P.13-14
CHALLENGES
 RECOMMANDATIONS P.14-15
 BIBLIOGRAPHY P.16-18

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INTRODUCTION
In today's globalized world, migration by sea creates a complex set of legal and
political challenges that require immediate attention. As an increasing number of
people undertake perilous journeys across oceans and seas, governments and
international organizations are tasked with ensuring the safety and protection of
migrants while simultaneously managing the implications of mass migration. This
complex issue requires comprehensive strategies that address not only the
immediate humanitarian needs of those undertaking these risky journeys, but also
the long-term legal and political repercussions of irregular migration by sea. A lot
legal challenges accompany maritime migration. Lack of a universally recognized
legal framework that governs such migrations is one of the primary obstacles.
International laws and conventions on refugees and migrants focus primarily on
land-based migration, leaving a significant void in terms of addressing the unique
challenges faced by those undertaking maritime journeys. This legal ambiguity
creates uncertainty regarding the duties and responsibilities of states to provide
protection and aid to migrants at sea. Moreover, topics such as rescue operations,
interception, and disembarkation become contentious, frequently resulting in
protracted disputes between nations and aggravating the vulnerability of migrants
stranded at sea. Migration by sea has become a politically divisive issue that tests
the resolve of governments around the world. The influx of migrants frequently
sparks public debates on national security, social cohesion, and economic
repercussions, thereby fostering political polarization. Developing policies that
simultaneously address the immediate needs of migrants while preserving the
integrity of their borders and promoting the well-being of their own citizens is a
delicate balancing act between humanitarian concerns and national interests. This
intricate interplay between domestic politics and international cooperation
necessitates robust diplomatic efforts and coordination among states, regional
organizations, and non-governmental actors in order to find long-term solutions that
protect the rights of migrants and uphold the principles of human dignity.

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DEFINITIONS
Migrant Definition:
A migrant1 is a person who voluntarily moves from one country or region to another,
typically to improve their economic prospects, seek employment opportunities, or
pursue a higher quality of life. Multiple factors, including poverty, lack of
employment opportunities, political instability, and environmental issues in their
home countries, can motivate migration. Migrants, unlike refugees, are not
necessarily fleeing persecution or imminent danger; rather, they are primarily driven
by the desire to better their living conditions. Migrants may migrate through legal
channels, such as obtaining work visas or participating in family reunification
programs, or they may resort to irregular means, such as illegal border crossings or
human smuggling.
(Who Is a Migrant?, n.d.)
Refugee Definition:
A refugee is a person who fled their country of origin due to well-founded fears of
persecution, violence, or grave violations of human rights. Refugees are frequently
exposed to life-threatening circumstances, such as armed conflict, political
repression, racial or religious persecution, and targeted violence. In the hopes of
finding safety, protection, and the chance to rebuild their lives, they seek refuge in
another country or region. In contrast to migrants, refugees are compelled to leave
their homes and are unable to return safely because of the circumstances that led to
their displacement. The 1951 United Nations Convention relating to the Status of
Refugees and its 1967 Protocol2 outline the rights and responsibilities of both
refugees and the countries that host them. (Refugees, n.d.)
MIGRATION’S HISTORY
Migration has been a fundamental aspect of human history for centuries and across
continents. People have traveled throughout history in search of better opportunities,
safety, and new beginnings. The history of migration exemplifies the inherent human
desire for exploration, adaptation, and the pursuit of a better life. Throughout history,
migration has been caused by a variety of factors. Economic factors, such as the
search for fertile land, trade opportunities, and access to valuable resources, have
played a major role. The Silk Road, for example, enabled the movement of goods,
ideas, and people over vast distances, connecting civilizations and shaping cultural
exchanges between Asia, Europe, and Africa. Similarly, the Age of Exploration and
colonial expansion in the 15th to 18th centuries resulted in mass migration as
Europeans sought to establish colonies, exploit new resources, and expand their
global influence. Throughout history, political and social factors have also contributed
to migration. Populations have fled their homes in search of safety and stability due to
wars, conflicts, and political upheavals. During World War II, millions of individuals

1
mailto:https://www.iom.int/who-migrant-0
2
mailto:https://www.unhcr.org/about-unhcr/who-we-are/1951-refugee-convention

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sought refuge from persecution and destruction, providing a striking illustration of
mass migration. The 1947 Partition of India3, the Cuban Revolution4, and the fall of
the Berlin Wall5 are just a few examples of historical events that prompted major
migration movements and reshaped societies. Migration has frequently been
intertwined with demographic shifts, labor market demands, and social changes. In
the 18th and 19th centuries, the Industrial Revolution caused rural-to-urban migration
as people sought employment in expanding factories and cities. During the 19th and
early 20th centuries, the transatlantic migration from Europe to the Americas played a
crucial role in shaping the cultural fabric of both continents, contributing to the
growth and development of nations such as the United States and Canada.
Globalization, transportation advancements, and the growing interconnection of
economies have further facilitated migration in recent years. Individuals are migrating
for a variety of motives, including education, family reunification, and environmental
concerns, in addition to economic ones. The current era is characterized by both
voluntary migrations, in which people choose to relocate for a variety of reasons, and
forced migration, which is caused by war, political instability, and climate change.
Understanding the historical context of migration enables us to recognize its deeply
rooted nature and profound impact on societies and cultures throughout the world.
Migration continues to shape our interdependent world, presenting opportunities and
challenges as nations grapple with the complexities of managing diverse populations
and ensuring the protection and integration of migrants into their host societies.
(Bade, 2008; Harzig & Hoerder, 2013; Manning & Trimmer, 2020)
THE CAUSES OF IRREGULAR MIGRATION
Irregular migration, also known as unauthorized or undocumented migration, is the
migration of individuals outside of the legal channels established by countries. To
gain a comprehensive understanding of this complex phenomenon, it is necessary to
examine the primary causes of irregular migration. Significant economic factors
contribute to irregular migration. Many individuals from economically disadvantaged
regions migrate to countries with stronger economies in search of better
employment opportunities and living conditions. High levels of poverty, a lack of
employment opportunities, and limited access to basic services in their home
countries force people to take the risk of irregular migration in order to secure a
better future for themselves and their families. Frequently, the allure of higher
wages, improved working conditions, and the possibility of sending money home to
support family members outweighs the risks and difficulties associated with
unauthorized migration. Conflict and political instability also contribute to irregular
migration. In regions plagued by violence, repression, or violations of human rights,
individuals may feel compelled to seek refuge in other nations. These migrants
frequently lack the time or resources to complete regular immigration procedures,
causing them to rely on unauthorized migration methods. Political crises and civil
wars, such as those in Syria, Venezuela, and parts of Sub-Saharan Africa, have caused

3
(Dalrymple, 2015)
4
(Cuban Revolution | Summary, Facts, Causes, Effects, & Significance | Britannica, 2023)
5
(‘Fall of Berlin Wall’, 2019)

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significant irregular migration as people flee insecurity and seek refuge in
neighboring countries or regions with greater stability. The absence of legal avenues
for migration is also a major driver of irregular migration. Immigration policies that
are limited or restrictive, visa requirements that are stringent, and lengthy
bureaucratic procedures can discourage individuals from pursuing legal migration
channels. When individuals believe that the regular migration routes are inaccessible
or unattainable, they may resort to irregular means. The lack of legal migration
options forces individuals to undertake perilous journeys that expose them to
exploitation, human trafficking, and other dangers associated with unauthorized
migration. In addition, social and familial networks contribute to irregular migration.
Existing communities of migrants, formed through familial ties or shared racial,
ethnic, or cultural backgrounds, serve as sources of information and assistance for
potential irregular migrants. These networks contribute to the perpetuation of
irregular migration patterns by facilitating the passage of individuals through
unofficial channels. (Kumin, 2014; Mallia, n.d.)
AN INTERNATIONAL PROBLEM
Migration is widely recognized as an international problem due to its inherently
cross-border nature and the significant impact it has on countries and regions
worldwide. There are several key reasons why migration is considered an
international issue:
i. Transnational Movement: Migration involves the movement of individuals
across national borders, necessitating the cooperation and coordination of
multiple nations. One nation's actions and policies can have ripple effects on
its neighbors, resulting in shared responsibilities and interdependence.
Management of migration flows, which includes border control, visa policies,
and asylum procedures, requires international cooperation and agreements.
ii. Global Economic Interconnectedness: In the interconnected world of today,
economic factors such as labor demand, trade, and investment have
transcended national borders. As individuals seek opportunities in countries
with stronger economies, migration is closely related to economic
globalization. The movement of workers across international borders
influences not only the countries of origin and destination, but also the global
labor market, trade patterns, and economic development.
iii. Humanitarian and Human Rights Concerns: Migrants frequently flee
persecution, violence, or violations of human rights. Protecting migrants'
rights and ensuring their safety is a shared responsibility among nations. The
principle of non-refoulement, which prohibits the return of individuals to
countries where their lives or freedom may be at risk, is enshrined in
international law and requires international cooperation and support to
uphold.
iv. Social Integration and Cultural Diversity: Migration has significant social and
cultural implications. Receiving nations must confront the challenge of

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 integrating migrants into their societies, guaranteeing equal opportunities,
and fostering social cohesion. Migration results in cultural diversity, which
presents both opportunities and challenges and necessitates intercultural
understanding, tolerance, and respect.
v. Global Refugee Crisis: The global refugee crisis, which has forced millions of
people from their homes, has highlighted the need for international
cooperation. Refugees frequently apply for asylum in multiple nations,
necessitating a collective response to provide protection, assistance, and
long-term solutions. Cooperation between nations is essential for addressing
the underlying causes of forced displacement and locating viable solutions for
refugees.
vi. Security and Terrorism6: There are security concerns associated with
migration, including border control, irregular migration, and potential
terrorist threats. Addressing the security risks associated with migration
requires international cooperation, the sharing of intelligence, and
coordinated efforts to combat networks of human trafficking and smuggling.
(Heaven & Franck, 2017; McAuliffe & Mence, 2017; Monzini, 2007; Moreno-Lax &
Papastavridis, 2016)
MEASURES TO PREVENT UNAUTHORIZED ARRIVALS
Preventing unauthorized arrivals, often referred to as irregular or undocumented
migration, requires a comprehensive approach that addresses the root causes of
migration, strengthens border management, and promotes international
cooperation.
For instance, it is crucial to address the underlying factors that motivate irregular
migration. This includes addressing economic disparities, poverty, unemployment,
and limited access to basic services in countries of origin. Promoting sustainable
economic development, investing in education and skills training, and reducing
poverty can help create conditions that discourage individuals from undertaking
risky and illegal journeys. Also, improving border management and controls is
essential for preventing unauthorized entry. This includes investing in the necessary
technology, infrastructure, and personnel to effectively monitor and secure borders.
Implementing effective surveillance systems, employing border patrols, and
establishing mechanisms for information sharing can aid in detecting and
discouraging irregular migration. To combat transnational organized crime, human
trafficking, and smuggling networks, cooperation between neighboring nations and
international organizations is crucial. Furthermore, expanding legal migration
channels can help reduce the incentives for illegal entry. Countries can implement a
variety of mechanisms, such as work visas, family reunification programs, and study
permits, to facilitate legal migration. Simplifying visa procedures, reducing
bureaucracy, and ensuring transparency in immigration processes can encourage
individuals to pursue legal migration options as opposed to employing unauthorized
6
(Böhmelt et al., 2020)

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methods. Moreover, it is essential to take strong measures against human
trafficking7 and smuggling in order to prevent unauthorized entry. Countries should
increase law enforcement efforts, enhance the sharing of intelligence, and work
together internationally to dismantle criminal networks that facilitate irregular
migration. This includes prosecuting traffickers and smugglers, protecting and
assisting victims, and educating the public about the risks and consequences of
irregular migration. Last but not least, Collaboration between nations, regional
organizations, and international organizations is essential for effectively preventing
unauthorized immigration. Sharing best practices, exchanging intelligence, and
cooperating on joint operations can improve efforts to secure borders and combat
irregular migration. Countries can also collaborate to address the root causes of
migration, promote development in countries of origin, and establish frameworks for
burden- and responsibility-sharing in the management of migration flows. One more
significant action is to conduct information campaigns to raise awareness of the
dangers and legal consequences of irregular migration. Countries can disseminate
accurate and targeted information via multiple channels, such as social media,
community engagement programs, and partnerships with civil society organizations.
Assisting potential migrants in making informed decisions and discouraging them
from undertaking perilous journeys by providing them with accurate information.
(Cetti, 2014; Lutterbeck, 2006; Newland, 2014; Runde et al., 2019; Toaldo, 2017)
REFOULEMENT ACTIONS (PUSH BACK PROCEDURE)
The pushback procedure, also known as "pushbacks" or "refoulement at the border,"
refers to the practice of forcibly returning or rejecting migrants at the border
without due process or consideration of their protection needs. This procedure has
raised concerns about human rights violations and breaches of international law.
One of the most common technics is the denial of access to territory. That means
pushback procedures involve denying individuals access to a country's territory
without evaluating their claims or protection requirements. This can occur at land
borders, sea borders, and airports, where officials refuse entry or physically push
back individuals without taking their circumstances into account. Another interesting
action is violation of non-refoulement principle. Frequently, pushbacks violate the
principle of non-refoulement, which prohibits the return of individuals to a country
where they may face persecution, torture, or grave violations of human rights. This
principle is enshrined in international refugee law, human rights law, and customary
international law, emphasizing the duty of states to protect vulnerable individuals.
Also, pushbacks occur without allowing individuals to present their protection claims
or undergo a proper assessment of their circumstances. This deprives them of the
right to seek asylum, to access fair and effective asylum procedures, and to have
their protection needs adequately assessed. Additionally, pushback procedures
increase the risk of refoulement, exposing individuals to the possibility of harm,
persecution, or violations of human rights in their home countries or transit

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mailto:https://www.unodc.org/unodc/en/human-trafficking/crime.html

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countries. It frequently entails forcibly returning individuals to perilous situations
without regard for their vulnerabilities or the reasons they fled their home countries.
I firmly believe that human rights violations, including physical violence, abuse, and
mistreatment by border authorities, have been linked to pushbacks. These practices
violate international human rights standards and undermine the dignity and rights of
individuals. Last but not least human rights organizations and international bodies
have challenged and investigated pushback procedures legally. Courts and tribunals
have ruled against pushbacks, highlighting the significance of upholding international
legal obligations and safeguarding the rights of migrants. On the other hand, there
are efforts to protect human rights. Efforts to prevent pushback procedures and
uphold human rights include increasing awareness of their repercussions,
strengthening legal frameworks and accountability mechanisms, enhancing border
monitoring, and promoting adherence to international standards. States must
ensure that their border management practices respect human rights, provide
access to asylum procedures, and adhere to the non-refoulement principle in order
to protect the rights and safety of individuals in need of protection.
(Cetti, 2014; O’Keefe, 2021)
EU’S ACTIONS AGAINST MIGRATION 8
i. SECURITIZATION
In recent years, the European Union (EU) has taken numerous securitization
measures in response to migration challenges. These actions reflect the European
Union's efforts to address security concerns, manage migration flows, and secure its
external borders. The EU's strengthening of border controls and establishment of a
common framework for border management are significant measures. This includes
bolstering Frontex, the EU's border agency, with increased funding, a broader
mandate, and enhanced operational capabilities. To better monitor and secure its
borders, the EU has also promoted the use of advanced surveillance technologies,
such as drones and biometric systems. These securitization measures are intended
to prevent irregular migration, detect and deter criminal activity, and protect the
integrity of the EU's external borders. In addition, the European Union has prioritized
cooperation with countries of origin and transit in order to address migration
challenges. To manage migration flows and improve cooperation on border
management, information sharing, and the return and readmission of irregular
migrants, the EU has engaged in dialogue and negotiation processes, often through
agreements and partnerships. These measures aim to address the root causes of
migration, combat networks of human trafficking and smuggling, and promote long-
term solutions to migration problems. In this regard, the EU's securitization actions
highlight the importance of international cooperation and shared responsibility for
effectively managing migration and addressing security concerns.
ii. CONTAINMENT

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As part of its response to migration challenges, the European Union (EU) has
implemented containment actions with the intent of managing and controlling
migration flows. These actions have centered on instituting measures to contain and
restrict the movement of migrants within the EU and along its borders. The
establishment of reception centers and processing facilities at the EU's external
borders is a crucial containment measure. These centers, also known as hotspots,
are intended to register, identify, and process migrants upon arrival. The objective is
to determine who is eligible for asylum or international protection and who is not.
This containment strategy enables the European Union to manage the influx of
migrants by instituting systematic registration and identification procedures at
specific locations. The EU has also implemented agreements with third countries to
prevent and control irregular migration as a containment measure. The EU has
engaged in negotiations and formed partnerships with countries of origin and transit
in order to strengthen border controls, facilitate returns, and deter irregular
migration. Frequently, these agreements involve the provision of financial
assistance, technical support, and capacity-building to partner nations in an effort to
strengthen their border management and migration control mechanisms. The
purpose of these containment measures is to prevent irregular migrants from
entering EU territory, thereby relieving pressure on EU member states. Containment
measures have been criticized despite being motivated by the need to manage
migration flows and maintain the security of EU borders. Concerns have been raised
regarding the potential violation of human rights, the limited access to asylum
procedures, and the substandard living conditions in reception centers. The
effectiveness and sustainability of containment actions as long-term solutions to
migration challenges have also been questioned, and calls have been made for a
more comprehensive and rights-based approach. The EU must strike a balance
between containment measures and the protection of basic rights and international
obligations. This requires ensuring access to fair and efficient asylum procedures,
upholding the principle of non-refoulement, and taking a comprehensive approach
to addressing the root causes of migration. By combining containment actions with
humanitarian approaches, the EU can manage migration flows while upholding its
commitment to human rights and protecting those in need.
(Wittenberg, 2017)
EU’S POLICIES IN ORDER TO AVOID ASYLUM
As part of its broader approach to migration management, the European Union (EU)
has implemented policies designed to deter migrants from seeking asylum 9. These
policies aim to discourage and deter asylum seekers from entering EU territory and
filing asylum claims. The EU's establishment of external processing centers and
offshore asylum centers is an important policy measure. These facilities are situated
outside of EU territory and are intended to process asylum claims before individuals
enter the EU. The goal is to discourage migrants from undertaking irregular journeys

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mailto:file:///C:/Users/peogl/Zotero/storage/W5URUSXC/Xref-XML2HTML-en.html

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and seeking asylum in the EU. By processing asylum claims in these external centers,
the EU aims to manage the distribution of protection responsibilities among EU
member states and control the number of asylum seekers arriving at its borders.
Implementation of stringent border controls and interception measures is an
additional policy approach adopted by the EU. This includes increased surveillance,
patrolling, and interception of boats carrying migrants in the Mediterranean Sea. The
goal is to prevent migrants from reaching EU shores and to thwart their asylum
claims. In addition, the EU has entered into agreements with neighboring countries
and transit countries to bolster border controls, improve cooperation on returns,
and prevent asylum seekers from entering the EU. Human rights organizations and
advocates argue that these policies may be in violation of the right to seek asylum
and the principle of non-refoulement because they aim to prevent migrants from
requesting asylum. Concerns have been raised regarding the lack of access to fair
and effective asylum procedures, the possibility of pushback practices, and the
creation of situations in which individuals are trapped in unsafe or inadequate
conditions. For the EU, balancing migration management and asylum obligations is a
difficult task. In addition to addressing migration issues, it is essential to uphold
international refugee law, human rights, and non-refoulement. The EU must ensure
that its policies and practices are consistent with these principles, that individuals
seeking protection have fair and timely access to asylum procedures, and that their
rights are protected. By adopting a comprehensive and rights-based approach, the
EU can effectively manage migration while upholding its international law obligations
and protecting asylum seekers' rights.
(EU Migration and Asylum Policy, 2023; EU Ministers Seek to End the Right to
Asylum, 2023; Parkes, 2017)
IOM & UNCHR
Globally, the International Organization for Migration (IOM)10 and the United Nations
High Commissioner for Refugees (UNHCR)11 play vital roles in addressing migration
and refugee issues. The International Organization for Migration (IOM) is an
intergovernmental organization that specializes in migration management and works
closely with governments and civil society. Its primary goal is to ensure humane and
orderly migration by offering services and advice to migrants, governments, and
other stakeholders. The IOM focuses on various aspects of migration, including
migration policies, research, and capacity building. It helps with migration
governance, migrant rights, migrant health, and anti-trafficking initiatives. In
addition, the IOM plays a crucial role in facilitating the voluntary return and
reintegration of migrants, including those in precarious situations or stranded in
transit countries. On the other hand, the UNHCR is tasked with protecting and
assisting refugees and promoting long-term solutions to their displacement. It
operates in accordance with the principles of international refugee law and

10
mailto:https://www.iom.int/
11
mailto:https://www.unhcr.org/what-we-do

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collaborates with governments, international organizations, and nongovernmental
organizations. The UNHCR provides refugees with essential assistance, including
access to asylum procedures, shelter, healthcare, education, and means of
subsistence. The agency is responsible for advocating for the rights of refugees,
coordinating international responses to refugee situations, and facilitating long-term
solutions, including voluntary repatriation, local integration, and resettlement in
third countries. Additionally, the UNHCR engages in prevention and response efforts
regarding statelessness, which affects millions of people worldwide. The IOM and
UNHCR work closely together on numerous migration and refugee-related issues.
They collaborate to strengthen global cooperation, bolster protection mechanisms,
and advance the welfare and rights of migrants and refugees. The United Nations
High Commissioner for Refugees (UNHCR) and the International Organization for
Migration (IOM) complement each other's work by providing complementary
services and expertise in different areas of migration and refugee protection. Their
cooperative efforts contribute to addressing the rights and needs of migrants and
refugees on a global scale.
THE LEGAL CHALLENGENS OF MIGRATION
Legal migration by sea faces a number of significant legal obstacles, such as the
absence of legal pathways, jurisdictional complexities, and human rights concerns.
First, the lack of accessible and well-established legal pathways for migration by sea
is one of the greatest obstacles. Due to the lack of safe and regular channels for
migration, many individuals’ resorts to irregular migration by sea. Inadequate
opportunities for legal seaborne migration can force individuals to undertake
perilous journeys on unseaworthy vessels or rely on human traffickers, putting their
lives at risk. The lack of legal migration routes impedes the capacity to manage
migration effectively and safely, resulting in irregular migration flows and their
attendant difficulties. Secondly, maritime migration creates jurisdictional
complications. Determining which country bears legal responsibility for rescued
migrants at sea can be a complicated matter. Due to overlapping responsibilities
between the country where the rescue occurs, the flag state of the vessel involved,
and potentially other relevant countries, jurisdictional disputes frequently arise. This
lack of clarity can lead to delays in disembarkation, extended stays on rescue ships,
and difficulties in providing migrants with the necessary protection and access to the
proper procedures. Concerns regarding human rights represent a significant legal
obstacle in the context of legal sea migration. Migrants who travel by sea are
frequently exposed to risks, including hazardous sea conditions, exploitation, and
human rights violations. To prevent loss of life at sea, adequate protection measures,
such as search and rescue operations, must be in place. In addition, upon rescue or
interception, migrants are entitled to the protection of their human rights, including
the right to seek asylum, access to fair and effective asylum procedures, and
protection against refoulement. It can be difficult to ensure that these rights are
upheld, especially when there are disagreements over legal responsibilities and the
provision of appropriate assistance to those in need.

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To address these legal challenges requires international cooperation, the
development of legal frameworks that provide safe and regular pathways for
migration by sea, and the establishment of transparent mechanisms for determining
the jurisdiction and responsibilities of migrants who have been rescued. Enhancing
search and rescue capabilities, establishing effective state-to-state coordination
mechanisms, and ensuring that the human rights of migrants are respected
throughout the entire process, from rescue to disembarkation and beyond, should
be prioritized.
(Donato & Massey, 2016; Islam, 2007; Mallia, n.d.; Managing Migration in the
Eastern Mediterranean, n.d.)
THE POLITICAL CHALLENGES OF MIGRATION BY SEA
Legal maritime migration faces significant political obstacles, including national
security concerns, domestic political implications, and the need for international
cooperation. First, national security considerations are frequently relevant when
addressing legal maritime migration. Governments are responsible for securing their
borders and safeguarding national security interests. It can be difficult to balance the
facilitation of legal migration with security concerns. Governments must implement
appropriate screening and vetting procedures to prevent the entry of individuals
who pose potential security risks. It is essential to strike a balance between security
measures and respecting the rights of migrants in circumstances where there is a
dearth of comprehensive information on migrants and their backgrounds. Second,
legal migration by sea can have domestic political ramifications, particularly in
nations with high levels of immigration or public anxiety about the effects of
migration. Migration-related political debates and public sentiment can influence
policy decisions and domestic political landscapes. Governments must navigate
these complexities, address public concerns, and ensure that migration policies align
with the interests and aspirations of their citizens, all while adhering to international
obligations and respecting human rights. Thirdly, the effective management of legal
maritime migration requires international cooperation. Multiple nations are
frequently involved in maritime migration, including countries of origin, transit, and
destination. Cooperation is essential for establishing mechanisms for information
exchange, joint search and rescue operations, and coordination in the processing
and resettlement of migrants. When countries have divergent priorities, migration
policies, or limited resources to address migration-related issues, political challenges
can arise. To effectively manage legal migration by sea and address the underlying
drivers of migration, overcoming these obstacles and fostering international
cooperation are essential. To address the political challenges of legal migration by
sea, a comprehensive and balanced strategy is required. Governments must engage
in an open and constructive dialogue, both domestically and internationally, in order
to address issues pertaining to national security and domestic politics, while also
upholding human rights and international obligations. Establishing clear policies,

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enhancing cooperation mechanisms, and promoting a more nuanced understanding
of migration can aid in overcoming these obstacles and promote safe, orderly, and
well-managed legal maritime migration.
(Kumin, 2014; Piper, 2006)
RECOMMENDATIONS
A comprehensive and multidimensional approach is necessary to address the
challenges associated with migration. Several recommendations can be considered
in order to effectively manage migration and create a more humane and sustainable
system. First, it is essential to improve legal migration channels. This involves
establishing clear and accessible channels for various migration purposes, such as
family reunification, labor migration, and humanitarian admissions, in order to
expand opportunities for regular migration. By providing safe and legal alternatives
to irregular migration, the risks and dangers associated with such journeys can be
mitigated. Secondly, international cooperation must be strengthened. Governments
must collaborate and coordinate more closely with countries of origin, transit, and
final destination. This includes sharing information, best practices, and resources to
collectively address migration issues. Focus cooperation efforts on addressing the
root causes of migration, combating networks of human trafficking and smuggling,
and facilitating the safe and orderly movement of migrants. Thirdly, the protection of
human rights is essential. It is essential to protect the human rights of all migrants,
regardless of their migration status. States must guarantee access to fair and
effective asylum procedures, combat xenophobia and discrimination, and prevent
violations of human rights and exploitation of migrants. It is essential to adhere to
international law and establish robust monitoring and reporting mechanisms for
human rights violations. Moreover, enhancing migration governance is essential. It is
necessary to develop comprehensive migration policies and frameworks that take
into account all aspects of migration, including regular, irregular, and forced
migration. Such policies should adhere to the principles of human rights, promote
integration and social cohesion, and take into account the interests of both migrants
and host communities. Consultation and participation of stakeholders, including civil
society organizations and migrants, should be integral to the governance process.
Another key recommendation is to invest in sustainable development. To address
the root causes of migration, investments in sustainable development in the
countries of origin are necessary. This includes promoting economic growth, job
creation, access to education and healthcare, as well as addressing environmental
issues. By creating opportunities and enhancing living conditions, it is possible to
reduce the need for individuals to migrate in search of better prospects. Lastly, it is
essential to enhance data collection and analysis. Governments and international
organizations should improve their data systems, methodologies, and capacity-
building in order to better comprehend migration tendencies, drivers, patterns, and
effects. For evidence-based policymaking, effective resource allocation, and targeted

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interventions to address migration challenges, accurate and trustworthy data is
essential.
Governments, international organizations, and civil society can create a more
sustainable, humane, and well-managed migration system by implementing these
recommendations. These actions will contribute to addressing the complex factors
that drive migration, protecting human rights, and ensuring migrants' and host
communities' well-being.

16
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