|Tipo di tesi||Tesi di dottorato di ricerca|
|Titolo||Il principio di non refoulement e sua applicabilità extraterritoriale nei flussi migratori via mare|
|Titolo in inglese||The principle of non refoulement and its extraterritorial application in the context of migration flows by sea|
|Settore scientifico disciplinare||IUS/13 - DIRITTO INTERNAZIONALE|
|Corso di studi||SCIENZE GIURIDICHE|
|Data inizio appello||2019-03-15|
|Disponibilità||Accessibile via web (tutti i file della tesi sono accessibili)|
Il fine della ricerca consiste nell'approfondire una tematica inerente al fenomeno migratorio. In particolare l'obiettivo è quello di analizzare la portata del principio di non refoulement e il suo ambito di applicazione attuale e potenziale.
The main aim of this research is to elaborate on an issue concerning the migration phenomenon. Specifically, its objective is to analyze the range of the principle of non refoulement and its current and potential field of application. The prohibition of refoulement, core of asylum, born as a conventional institution and it was initially stated in the article 33 par. 1 of the 1951 Geneva Convention on Refugees. A problematic aspect concerning the principle in question and debated in doctrine, regards its application to cases of rejection at the frontier of those fleeing to a country where his life and freedom would be in danger and that still is not present on the territory of the State to which he is directed. The matter mainly shows up in the event of migration flows by sea, where the asylum seekers and refugees percentage is significantly higher than that found in the migration flows by land and by air. The presence of migrants in the categories Internationally Protected raises specif questions concerning the compatibility of the management of these flows adopted by States and the international duty of non refoulement imposed on them. In many cases States, in order to evade compliance with this duty, rejected boats of illegal migrants on the high seas (area in which they don't exert jurisdiction. Indeed state sovereignty at sea is complete and exclusive only within the territorial sea. Some countries, relying on the fact that the Geneva Convention does not contain a general provision that delimits ratione loci its application, felt that outside the territorial sea setting up a sort of legal vacuum where the states would be released from the obligations (including the right to non-refoulement) that bind them to their territory. The research aims to verify the scope of application of the principle of non-refoulement in relation to recent trends of migration policies of many states, who turn to the extra-territorial controls on migration flows. Furthermore, the incidence and performance of the principle has been investigated both in relation to the protection of fundamental human rights and in the attempt to seek the basis for the configuration and the recognition of a right of entry for the migrant in countries other than their own. Ultimately, after an historical excursus about the origin and the evolution of the right of asylum and of the refugee, this paper has also analysed the status quo of the international regulation currently in place and assessed the adoption of the same by the International Community's members individually and the judgements of the representative bodies and regulators on the subject, as well as the international jurisprudence's decisions and guidelines.