Diritto del mare e sicurezza degli spazi marini: flessioni e adeguamenti nel contrasto ai traffici illeciti

Against the backdrop of the multifaceted notion of maritime security, this paper addresses the question whether the “classic” devices pertaining to the law of the sea fit the current challenges stemming from the fight against the illicit maritime traffics, thus detecting what adjustments have been put in place or are needed for the fight to be effective. The questions becomes all the more relevant in the light of the difference – traced by the UNCLOS and other international conventions – between the grounds on which the State employs its maritime powers at sea and those on which it may exercise criminal jurisdiction against the traffickers. All the analysis takes into account the international and European legal framework – including the human rights law and refugee law – surrounding any individual or collective actions by sea.