Dealing with Migrants in the Central Mediterranean Route: A Legal Analysis of Recent Bilateral Agreements Between Italy and Libya

Guttry, A. De; Capone, Francesca; Sommario, Emanuele

doi:10.1111/imig.12401

Cited by 10 publications

(2 citation statements)

References 13 publications

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“…140 These bilateral deals show no sign of abating, as can be seen by the controversial recent agreement between Italy and Libyan authorities aimed (in part) at combatting irregular departures of migrants across the Mediterranean. 141 With negotiations for a Global Migration Compact in full swing, it will be interesting to see whether destination states will show renewed interest in establishing the idea of a general home state duty to combat irregular migration in international law. The presence of such efforts throughout recent history implies that their renewal is not an impossibility, perhaps (as discussed by Wilde) in response to progressive developments elsewhere.…”

Section: Discussionmentioning

confidence: 99%

The Role of Departure States in Combating Irregular Emigration in International Law: An Historical Perspective

Wolman

2019

International Journal of Refugee Law

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This article examines the evolution over time of attempts to establish an international law principle that States have a legal responsibility, at least under certain circumstances, to combat irregular emigration, defined as the exit of individuals who would be arriving at their destination in a manner that is not compliant with the destination country’s immigration laws. Through examination of contemporaneous statements and the travaux préparatoires relating to six separate negotiations, light is shed on the attempts to develop such a norm since the beginning of the 20th century, along with the evolving set of legal and ethical justifications that were used in these processes. The different practical and principled objections employed by States and civil society actors to oppose the development of such a legal norm are also examined. The article concludes that this historical perspective challenges current perceptions that home State controls are of recent origin, and that in fact international migration law is inherently progressive.

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Section: Discussionmentioning

confidence: 99%

The Role of Departure States in Combating Irregular Emigration in International Law: An Historical Perspective

Wolman

2019

International Journal of Refugee Law

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“…The Italy-Libya agreement, concluded in 2017 and strongly supported by the EU, aims to combat illegal migration and human trafficking, and to strengthen Libyan borders' security (De Guttry et al, 2018). Inspired by the EU-Turkey agreement, it represents a poor reproduction of its predecessor (Accorinti, Pugliese and Vitiello, 2019).…”

Section: The Emergency Policies Implemented By the Eumentioning

confidence: 99%

Refugees in the European Union: from emergency alarmism to common management

Archibugi

Cellini

Vitiello

2021

Journal of Contemporary European Studies

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The refugee's flows have alighted the European political debate boosting nationalistic forces in almost all countries. The aim of this paper is to show that the actual number of asylum seekers does not really allow to talk about a "refugee crises". It argues, however, that the current European Union institutions and procedures are highly insufficient to manage successfully refugee's inflows and asylum requests. A European foreign policy could have helped to prevent refugees' inflows from war-thorn areas such as Afghanistan, Iraq, Eritrea, Libya and Syria. Once the problem is there, the procedures centred on the Dublin Convention are inadequate and the paper provides a few radical suggestions that are made for an EU-centred refugees and asylum seekers management and policy.

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The alleged tension between the Global Compact for Safe, Orderly and Regular Migration and state sovereignty: ‘Much Ado about Nothing’?

Capone

2020

Leiden Journal of International Law

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In a landmark effort to finally acknowledge the necessity to jointly respond to the global phenomenon of large movements of refugees and migrants, the process initiated in 2016 with the approval of the New York Declaration for Refugees and Migrants eventually led to the adoption of two UN Global Compacts, respectively the Global Compact for Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). Despite the enthusiastic support shown at first by the international community, the GCM negotiations have been more controversial and ultimately shaken by the clamorous withdrawals of several states. The main argument used by the withdrawing governments to justify the sudden refusal to adopt the GCM was based on the claim that the document − although non-binding − undermines the ‘sovereign right’ of the state. Such a claim, given the centrality that the principle of state sovereignty has acquired since the Peace of Westphalia, deserves to be further analysed from an international law perspective by resorting to the ‘sovereignty test’ developed by Schrijver. The present work, after briefly introducing the main tenets of the GCM, applies the ‘sovereignty test’ to the GCM to dissect the alleged tension between state sovereignty on the one hand and the shared approach to international migration envisaged by the pact on the other. This article’s ultimate goal is to prove that the GCM does not aim to restrain state sovereignty; rather, it strives to remind states of existing international commitments already undertaken at the regional and global level.

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Dealing with Migrants in the Central Mediterranean Route: A Legal Analysis of Recent Bilateral Agreements Between Italy and Libya

Cited by 10 publications

References 13 publications

The Role of Departure States in Combating Irregular Emigration in International Law: An Historical Perspective

The Role of Departure States in Combating Irregular Emigration in International Law: An Historical Perspective

Refugees in the European Union: from emergency alarmism to common management

The alleged tension between the Global Compact for Safe, Orderly and Regular Migration and state sovereignty: ‘Much Ado about Nothing’?

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