Cooperation Initiatives by EU Member States with Third Countries for the Control of Migratory Flows: The Case of the Memorandum of Understanding Between Malta and Libya

Abstract

Following the previous informal Italy-Libya and EU-Turkey agreements, Malta concluded its own Memorandum of Understanding with Libya to establish two coordination centres in Tripoli and Malta, fully funded by Malta in May 2020. In our paper, we will frame this non-legally binding agreement within the strategy of the EU and its Member States to cooperate with Libya in the deterritorialisation of migration management to reduce the number of migrants and asylum seekers arriving at Europe’s external borders. We will analyse the legal implications, both formal and material concerns, that exist in the application of this Memorandum, starting with the informalisation of cooperation and the deterritorialisation of migration management, and its effects on human rights and the possible international responsibility that it may entail. Received: 31 July 2022 Accepted: 10 October 2022

Keywords

• externalisation
• Memorandum of Understanding Malta-Libya
• migration
• human rights