In Deep Water: Towards a Greater Commitment for Human Rights in Sea Operations Coordinated by FRONTEX?

Santos Vara, Juan and Sanchez-Tabernero, Soledad R. (2015) In Deep Water: Towards a Greater Commitment for Human Rights in Sea Operations Coordinated by FRONTEX? [Conference Proceedings] (Submitted)

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Abstract

Introduction: The paper is organized in four sections. The first section of this paper will be devoted to analysing the broad concept of border surveillance adopted by the Regulation on the sea border operations coordinated by Frontex. In the following two sections, the paper will focus on examining to what extent the new rules applicable to the detection, interception of vessels, and search and rescue situations respect the obligations arising from the main international law treaties binding on the Member States. Finally, in the fourth section, the paper provides a detailed exam of the principle of non-refoulement in the context of Frontex operations. It is important to determine the content and scope of the principle of non-refoulement when interception of vessels takes place in the territorial seas and contiguous zone of the Member States. Furthermore, it is crucial to know whether the principle applies extraterritorially, in particular on the high seas and in the territorial waters of third states.

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