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The International Law of Migrant Smuggling

Knowledge Platform

The International Law of Migrant Smuggling

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand for a range of services that is increasingly being met by migrant smugglers: individuals or criminal groups who facilitate unauthorized entry into in another country for profit. This book presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors identify and explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

Date of Publication
Type of Resource
Target Audience
Government
Intergovernmental Organization
Author
Anne T. Gallagher
Fiona David
Source / Publisher
Cambridge University Press
Language
English
Geographic Scope
Global
Workstream Output
No
Regional Review Process
No
GCM Objectives
9
Cross Cutting Theme
Rule of law and due process
Human rights
Keywords
Smuggling of migrants
Tags
purchase required
Status
Published

*References to Kosovo shall be understood to be in the context of United Nations Security Council resolution 1244 (1999).