Securitization of Search and Rescue at Sea: The Response to Boat Migration in the Mediterranean and Offshore Australia

(2018) International and Comparative Law Quarterly DOI: 10.1017/S00205893170005, Forthcoming

30 Pages Posted: 28 Jan 2018

See all articles by Daniel Ghezelbash

Daniel Ghezelbash

Macquarie University

Violeta Moreno-Lax

Queen Mary Law School

Natalie Klein

UNSW Sydney

Brian Opeskin

University of Technology Sydney

Date Written: January 18, 2018

Abstract

This article compares the law and practice of the European Union and Australia in respect to the search and rescue (SAR) of boat migrants, concluding that the response to individuals in peril at sea in both jurisdictions is becoming increasingly securitized. This has led to the humanitarian purpose of SAR being compromised in the name of border security. Part I contrasts the unique challenge posed by SAR operations involving migrants and asylum seekers, as opposed to other people in distress at sea. Part II analyses the relevant international legal regime governing SAR activities and its operation among European States and in offshore Australia. Part III introduces the securitization framework as the explanatory paradigm for shifting State practice and its impact in Europe and Australia. It then examines the consequences of increasing securitization of SAR in both jurisdictions and identifies common trends, including an increase in militarization and criminalisation, a lack of transparency and accountability, developments relating to disembarkation and non-refoulement, and challenges relating to cooperation and commodification.

Keywords: asylum, refugee, SAR, search and rescue, Australia, Europe, Mediterranean, migrant, boat, boat migration

JEL Classification: K33, K37

Suggested Citation

Ghezelbash, Daniel and Moreno-Lax, Violeta and Klein, Natalie and Opeskin, Brian, Securitization of Search and Rescue at Sea: The Response to Boat Migration in the Mediterranean and Offshore Australia (January 18, 2018). (2018) International and Comparative Law Quarterly DOI: 10.1017/S00205893170005, Forthcoming . Available at SSRN: https://ssrn.com/abstract=3104995

Daniel Ghezelbash

Macquarie University ( email )

North Ryde
Sydney, New South Wales 2109
Australia

Violeta Moreno-Lax

Queen Mary Law School ( email )

Mile End Rd
Mile End Road
London, London E1 4NS
United Kingdom

HOME PAGE: http://www.law.qmul.ac.uk/staff/morenolax.html

Natalie Klein

UNSW Sydney ( email )

Brian Opeskin (Contact Author)

University of Technology Sydney ( email )

Faculty of Law
University of Technology Sydney
Sydney, New South Wales 2007
Australia
+61-2-95149670 (Phone)

HOME PAGE: http://www.uts.edu.au/staff/brian.opeskin

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