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  • The Principle of Non-Refoulement And the De-Territorialization of Border Control at Sea

  • SELINE TREVISANUT
  • Journal:
    Leiden Journal of International Law / Volume 27 / Issue 3 / September 2014
    Published online by Cambridge University Press:
    24 July 2014, pp. 661-675
    Print publication:
    September 2014

  • Destination states of irregular migration aim to prevent arrivals by controlling their borders outside their territory, specifically on the high seas. This practice may best be described as the de-territorialization of border control at sea. The de-territorialization impacts the applicable legal framework, in particular the safeguards to which individuals submitted to the control activities are entitled. This article posits that the principle of non-refoulement is a fundamental yardstick for the de-territorialization of border control and applies wherever competent state authorities perform border control measures. The argument develops in four steps. After outlining the content of the principle of non-refoulement, this article defines maritime borders and elucidates their functional nature. It then outlines how the principle of non-refoulement applies at sea and translates into a ‘principle of non-rejection at the maritime frontier’. The article finally highlights the principle's legal and practical consequences in the context of de-territorialized border control.