Refugees, Mass Uncontrolled Immigration, and NATO

Abstract

The issue of migration to Europe is one which has experienced increased salience in recent years. The symbol of this is undoubtedly the image of small, often improvised, vessels attempting to cross the Mediterranean Sea. In some cases, there have even been attempts to traverse the English Channel. The issue of securitisation is one which can best be understood through the work of the Copenhagen School and particularly the work of Bary Buzan. Therefore, this chapter analyses the various legal regimes applicable to the different NATO countries whilst operating on the high seas where the application of such regimes is more questionable. Based on the analysis of relevant areas of law, it appears that the US is better situated, at least from a legal perspective, to conduct naval operations for the protection of the European southern border than the European states themselves. However, what is legally possible is only part of the consideration, as the political will is also an important consideration.