Smuggling of migrants in international law : a critical analysis of the protocol against the smuggling of migrants by land, sea and air, supplementing the United Nations convention against transnational organised crime

This thesis investigates whether the Protocol against the Smuggling of Migrants contains the necessary rules to fulfil its principal purposes—namely, to combat and prevent migrant smuggling and to protect the rights of smuggled migrants. To that end, the thesis examines the rules of the Protocol that regulate the legal definition of the smuggling of migrants, the legal features of smuggling organisations, the obligations and rights of States parties, and finally the rights of smuggled migrants. This thesis uses the legal doctrinal approach, and in doing so critically examines the interpretations of the Protocol provided by primary and secondary sources. This thesis finds that the Protocol fails to provide a clear and comprehensive framework of rules capable of effectively achieving its purposes. It argues that there are deficiencies within the existing rules of the Protocol that address the legal issues aforementioned. The thesis proposes a number of amendments that can address these deficiencies. One of the key contributions of this work is the provision of a guide for States on how to interpret and implement the rules of the Protocol. Furthermore, it assists the international community – in particular the Conference of the Parties – in improving and strengthening the rules of the Protocol to ensure the combating of migrant smuggling and the protection of the rights of smuggled migrants.