Migratory movements across the sea. A legal perspective of the English channel’s migratory crisis

Abstract

Massive migratory movements have become, over the past few years, one of the main issues that European countries have to face. More specifically, in the English Channel region, arrivals to the United Kingdom have raised their amount since their detachment from the UE. The aim of this project is to offer a juridical perspective of the implications that could arise if immediate devolution measures were carried out on intercepted boats, without being allowed reach British land. It is possible to observe the collision in the different sides of the International Public Law, which is caused by the huge orientation difference that exists between the Sea Rights, State-orientated, and the Human Rights, with a personalist’s perspective. Yet it is true that there is a positive duty to assist anyone who found in danger at sea, and that refugees have the right to ask for asylum to the receiving country, but the defence of national interests and internal legislation also have a role to play, as part of the exercise of state sovereignty. The issue worsens due to its political side, which prevents to reach a definite resolution mechanism.