Date of Award

2016

Document Type

Dissertation

Degree Name

Master of Science in Maritime Affairs

Specialization

Maritime Law & Policy

Campus

Malmö, Sweden

Country

South Africa

First Advisor

Patrick Donner

Abstract

The dissertation is a study of the phenomenon of mixed migration by sea, the different instruments which govern the phenomenon, the enforceability of these instruments, the implications which the phenomenon has and the solutions to migration by sea. The history of migration is briefly looked at as well as the history of the legal instruments and salient international organizations which were created at the time. The definition of the different terms used to refer to migration by sea are examined, taking into consideration the different perspectives which migration by sea can be viewed from. The different applicable legal instruments are discussed and analysed and their enforceability investigated. The implications which migration by sea has were explored. The connectivity of implications from one perspective of migration by sea to others is established. The different relief measures and proposed solutions to migration by sea are ascertained. Experts from different international organisations were interviewed regarding their organisation’s involvement with migration by sea. The outcome of the interviews were collated and evaluated to see the execution of roles and application of international law by international organisations. The findings chapter examines the current state of migration by sea in comparison to historical events, discusses the compliance of some relief measures to international law and the viability of proposed solutions. Numerous recommendations are made regarding migration by sea and the need for future investigation on the subject.

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