International and European protection obligations and EU border control : does the legal framework of joint maritime operations coordinated by Frontex comply with the principle of non-refoulement?

Choi, Mi-Suk (2012) International and European protection obligations and EU border control : does the legal framework of joint maritime operations coordinated by Frontex comply with the principle of non-refoulement?

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Abstract:The thesis aims to contribute to the discussion on the compatibility of joint maritime operations with the principle of non-refoulement and with international protection obligations in general. The limited availability of information on JOs such as reports, evaluations or operational plans, does not allow a sufficient examination of compliance during operations on the ground. Therefore the legal framework guiding joint maritime operations will be at the focus of the analysis. By shedding light on the protection safeguards provided therein the analysis will allow to draw conclusions on their probable effect on compliance in practice. In order to analyse the compliance of maritime operations coordinated by Frontex with the principle of non-refoulement two aspects are of importance: the obligations arising from the principle of non-refoulement and the protection safeguards provided in the legal framework of maritime JOs. Based on these two aspects, the guiding questions of the thesis are: · What is the scope of protection of the principle of non-refoulement within the EU refugee regime? · What are the obligations for maritime JOs that arise from the scope of protection? · What is the legal framework governing Frontex-led sea operations? · Does this legal framework provide adequate protection safeguards that ensure the observance of the principle of non-refoulement? · Does it clearly define who is responsible for providing the protection when several Member States are engaged in the operation? · What are the improvements that can be expected from actual political and legal developments? In order to answer these questions, the thesis is structured as follows: The following section outlines the legal basis of maritime interception and defines the term of maritime interception. Then the regulations guiding JOs are presented and an overview of maritime JOs is given (chapter 2). In the third chapter the principle of nonrefoulement will be defined in order to establish a set of criteria that must be respected during maritime interception operations (chapter 3). The fourth part defines the legal framework of maritime JOs and examines whether the legal framework can ensure adequate protection for intercepted people with regard to their right to non-refoulement. In view of recent political and legal developments the prospect for an endorsement of the respect of international protection during maritime JOs shall be analysed (chapter 4). Finally some conclusions on the compliance of maritime JOs with the principle of nonrefoulement will be drawn (chapter 5).
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:88 social and public administration
Programme:European Studies BSc (56627)
Link to this item:http://purl.utwente.nl/essays/61558
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