Subject its authorisation to conditions to be agreed by it and the requesting State, including conditions relating to responsibility and the extent of effective measures to be taken by Accordingly, such measures are to be determined by agreementīetween the requested and requesting State in practice. The contents of ‘appropriate measures’ remain Vessel and (c) if evidence is found that the vessel is engaged in the smuggling of migrantsīy sea, take appropriate measures with respect to the vessel and persons and cargo onīoard, as authorised by the flag State. State may authorise the requesting State, inter alia, to: (a) board the vessel (b) search the As suggestedīy the term ‘may’, the power of non-flag States under this provision is permissive. The flag State to take appropriate measures with regard to that vessel. The flag State, request confirmation of registry and, if confirmed, request authorisation from Registry of another State Party is engaged in the smuggling of migrants by sea may so notify
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That a vessel exercising freedom of navigation flying the flag or displaying the marks of
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Under Article 8(2) of the Protocol, a State Party that has reasonable grounds to suspect Nationality of a State Party, and (ii) measures for vessels without nationality. Measures can be divided into two categories: (i) measures concerning vessels with the In this regard, measures taken by non- flag States merit particular mention. Article 8 provides measures against the smuggling of migrantsīy sea. Possible, to prevent and suppress the smuggling of migrants by sea in accordance with the Protocol places a clear obligation upon States Parties to cooperate to the fullest extent Suspected of being engaged in migrant smuggling. To prevent migrant smuggling by sea, the Protocol articulates, inter alia, the rulesĪpplicable to situations where a State Party other than the flag State encounters a vessel Of the rights of migrants and the obligation to prevent the smuggling of migrants. Obligation to criminalise the facilitation of smuggling and related activities, the protection In broad terms, the Migrant Smuggling Protocol provides three categories of obligations: the The person is not a national or a permanent resident. ‘Smuggling of migrants’ shall mean the procurement, in order to obtain, directly or indirectly, aįinancial or other material benefit, of the illegal entry of a person into a State Party of which Article 3(a) of the Protocol defines migrant smuggling: Put simply, smuggling refers to the facilitation of illegal migrant of The Migrant Smuggling Protocol aims to prevent and combat the smuggling of migrantsĪs well as to promote cooperation among States to that end, while protecting the rights of smuggled migrants. UN Convention against Transnational Organised Crime, is the principal treaty regulating
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Of Migrants by Land, Air and Sea (Migrant Smuggling Protocol), which supplements the As regards multilateral treaties, the 2000 Protocol against the Smuggling On this subject have been concluded by the United States to regulate migrants in theĬaribbean Sea. Taken on the basis of either bilateral or multilateral treaties. In practice, the counter-migration measures at sea are Matter of special concern, particularly in the Mediterranean Sea and the Bay of Bengal.Ī particular issue that arises in this context concerns the interception of vessels on the high Recently the regulation of maritime migration has been a Throughout the 1980s, which was followed in the 1990s by large-scale departures fromĪlbania, Cuba and Haiti. The phenomenon of maritime migration goes back to the mass exodus from Vietnam