The control of migration flows in the central mediterranean sea: insights from recent Italian practice

• Author: Simone Marinai
• Profession: Associate Professor, University of Pisa
• Pages: 59-72

IV.

THE CONTROL OF MIGRATION FLOWS IN THE

CENTRAL MEDITERRANEAN SEA: INSIGHTS

FROM RECENT ITALIAN PRACTICE

THE CONTROL OF MIGRATION FLOWS IN THE CENTRAL MEDITERRANEAN SEA...

S MARINAI1

I. FOREWORD – II. THE CLOSED-PORTS POLICY – III. THE PERILOUS

COOPERATION WITH THIRD COUNTRIES – IV. THE RESPONSIBILITY FOR

FAILED RESCUE OPERATIONS – V. HAS THERE BEEN A REAL SHIFT IN

ITALIAN MIGRATION POLICY? – VI. CONCLUDING REMARKS: THE NEED TO

ENHANCE COOPERATION AT THE EU LEVEL AND THE INADEQUACY OF THE

SOLUTIONS PROPOSED IN THE NEW PACT ON MIGRATION AND ASYLUM

ABSTRACT: With this contribution, we underline some of the different problems that

the recent Italian practice related to the control of migration flows by sea may raise. We

examine the closed-ports strategy and the problems connected to the choice to cooperate

with third countries in order to stop migration flows arriving by sea. A specific insight

will be dedicated to the responsibility for failed rescue operations at high sea in the light

of the recent practice. Furthermore, the examination of some recent developments will

make it possible to verify if a real shift in Italian migration policy has been enacted.

Finally, the paper will end with a brief consideration of the cooperation framework that

needs to be developed at the EU level in order to improve the management of migration

flows arriving by sea to Italy and other European countries.

KEYWORDS: Migration by sea, Italian Practice, Territorial waters, Ports, NGOs,

Cooperation with third Countries.

1 Associate Professor, University of Pisa. Qualif‌i ed as Full Professor of European Union Law in

Italian Universities. A previous version of this work has been published in Peace & Security – Paix et

Sécurité Internationales – EuroMediterranean Journal of Interrnational Law and Interrnational Relations,

nº 9, 2021.