Irregular migration and its impact on the marine environment: Legal aspects

Abstract

This article aims to establish which international-level legal standards and policy instruments apply to the growing problem of the pollution of the marine environment caused by irregular migration. The first part of the study is devoted to the characteristics and extent of the damage caused by life jackets, boats, and engines left on the coast, some of which are transformed into microplastics in the long run. Although pollution generated by the international movement of people arises regardless of whether it is legal or not, the marine litter associated with hidden migration poses a challenge owing mainly to the lack of control over its flow. Hence, the second part of the article will be devoted to the analysis of measures that should be taken in this specific context to achieve or maintain a good environmental status in marine waters, as well as fulfilling obligations under the UNCLOS regarding the observation and measurement of the risk or impact of pollutants on marine waters. Finally, consideration will be given to choosing the instruments of migration policy in such a way as to enhance and support marine policy goals. One of the most important dilemmas in this respect is whether we should aim at even tighter control over irregular migration or, conversely, develop greater opportunities for regular migration.