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Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant?
The aim of the thesis is to establish whether the EAM (Immediate Action), formulated to curb the Africa-EU irregular migration “crisis” complies with international law. The thesis commences by arguing that migration today is a bastion of state sovereignty though fettered to a very limited extent by...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2019
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| _version_ | 1867613148092039169 |
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| access_status_str | Open Access |
| author | Mandela, Walter |
| author2 | Lutchman, Salona |
| author_browse | Lutchman, Salona Mandela, Walter |
| author_facet | Lutchman, Salona Mandela, Walter |
| author_sort | Mandela, Walter |
| collection | Thesis |
| description | The aim of the thesis is to establish whether the EAM (Immediate Action), formulated to curb the Africa-EU irregular migration “crisis” complies with international law. The thesis commences by arguing that migration today is a bastion of state sovereignty though fettered to a very limited extent by human rights, international law and states’ inter-dependence. The thesis then discusses the right to asylum and the principle of non-refoulement under international law. This is followed by a discussion on the EU as “sui generis” supra national entity that champions human rights and the rule of law globally followed by a review of its “sui generis” immigration law and rules under which the EU and member states share competence. Fundamental terminologies in the migration discourse: Migrants, Irregular Migrants, Refugees and Asylum Seekers are defined. A critique of The Refugee Convention4 is done, revealing its parochial, Eurocentric, racist, sexist nature and incompatibility with recent human rights developments; factors that to a large extent make it archaic and divorced from the realities of today’s refugee dynamics yet the Convention is the centrepiece of international refugee protection today. The thesis then interrogates the Africa-EU irregular mass-migration; the push and pull factors as well as the general modus operandi are reviewed. The generally recognised routes; Western Mediterranean, Central Mediterranean and West African which facilitate the migration are assessed. Lastly, the thesis then analyses the compliance of the EAM (Immediate Action) with international law. Each of the Immediate Actions; 1) Saving Lives at Sea 2) Targeting Criminal Smuggling Networks 3) Relocation 4) Resettlement 5) Working in partnership with third countries 6) Using the EU's tools to help frontline are subjected to the relevant international law governing them to test their compliance with international law. Final conclusions of the thesis are then drawn. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/29733 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:31.816Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/29733 Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant? Mandela, Walter Lutchman, Salona International Law The aim of the thesis is to establish whether the EAM (Immediate Action), formulated to curb the Africa-EU irregular migration “crisis” complies with international law. The thesis commences by arguing that migration today is a bastion of state sovereignty though fettered to a very limited extent by human rights, international law and states’ inter-dependence. The thesis then discusses the right to asylum and the principle of non-refoulement under international law. This is followed by a discussion on the EU as “sui generis” supra national entity that champions human rights and the rule of law globally followed by a review of its “sui generis” immigration law and rules under which the EU and member states share competence. Fundamental terminologies in the migration discourse: Migrants, Irregular Migrants, Refugees and Asylum Seekers are defined. A critique of The Refugee Convention4 is done, revealing its parochial, Eurocentric, racist, sexist nature and incompatibility with recent human rights developments; factors that to a large extent make it archaic and divorced from the realities of today’s refugee dynamics yet the Convention is the centrepiece of international refugee protection today. The thesis then interrogates the Africa-EU irregular mass-migration; the push and pull factors as well as the general modus operandi are reviewed. The generally recognised routes; Western Mediterranean, Central Mediterranean and West African which facilitate the migration are assessed. Lastly, the thesis then analyses the compliance of the EAM (Immediate Action) with international law. Each of the Immediate Actions; 1) Saving Lives at Sea 2) Targeting Criminal Smuggling Networks 3) Relocation 4) Resettlement 5) Working in partnership with third countries 6) Using the EU's tools to help frontline are subjected to the relevant international law governing them to test their compliance with international law. Final conclusions of the thesis are then drawn. 2019-02-22T10:38:10Z 2019-02-22T10:38:10Z 2018 2019-02-21T13:36:24Z Master Thesis Masters LLM http://hdl.handle.net/11427/29733 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | International Law Mandela, Walter Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant? |
| thesis_degree_str | Master's |
| title | Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant? |
| title_full | Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant? |
| title_fullStr | Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant? |
| title_full_unstemmed | Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant? |
| title_short | Closing “The Mediterranean Cemetry”: whether the European agenda on migration (immediate action) aimed at curbing the Africa-EU migration “crisis” is International Law compliant? |
| title_sort | closing the mediterranean cemetry whether the european agenda on migration immediate action aimed at curbing the africa eu migration crisis is international law compliant |
| topic | International Law |
| url | http://hdl.handle.net/11427/29733 |
| work_keys_str_mv | AT mandelawalter closingthemediterraneancemetrywhethertheeuropeanagendaonmigrationimmediateactionaimedatcurbingtheafricaeumigrationcrisisisinternationallawcompliant |