Author: Colin HarveyPublisher:
ISBN:
Category :
Languages : en
Pages : 49
Book Description
The Right to Leave One's Own Country Under International Law
Author: Colin HarveyThe Right to Leave and Return in International Law and Practice
Author: Hurst HannumPublisher: BRILL
ISBN: 9004482350
Category : Law
Languages : en
Pages : 203
Book Description
The Right to Leave Any Country Including Your Own in International Law
Author: Dimitry KochenovPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The paper analyses the current state of the right to leave any country in International Law. Having provided a brief outline of the key instruments of International Law both at the general and at the regional levels responsible for the formal shaping of the right (I.) the analysis moves on to a brief outline of the history of the right predating the entry into force of the documents described in the first section (II.) The focus then shifts to the assessment of the key challenges emerging in the context of the practical operation of the right. The role played by passports in making the right under scrutiny usable in practice is addressed (III.) The piece then proceeds to provide a brief assessment of the essential components of the possible limitations of this right (IV.) and concludes with a brief outline of the main findings, essentially coming to ask the question whether the right to leave any country including your own is de facto guaranteed in International Law, coming to a mildly negative conclusion.
The right to leave a country
Author: Council of EuropePublisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 68
Book Description
The right to leave a country, including one's own, is a necessary prerequisite to the enjoyment of a number of other human rights, most notably the right to seek and enjoy asylum and to be protected against ill-treatment. States are entitled to place restrictions on the right to leave, if they are in compliance with the European Convention on Human Rights and the European Court of Human Rights case law. A number of measures taken or envisaged in recent years by some Council of Europe member states in the Western Balkans pose serious challenges to the right to leave a country, enshrined in the 1963 Protocol No. 4 to the European Convention on Human Rights, as well as to the right to seek and enjoy asylum. The situation is of particular concern to the Council of Europe Commissioner for Human Rights given that these restrictive, migration-related measures have been adopted at the instigation of EU member states in pursuance of their immigration and border control policies, and have been tainted by discrimination as they have targeted and affected, in practice, the Roma. This Issue Paper examines the right to leave a country and what it means both as a right in international human rights instruments and as interpreted by European courts and UN treaty bodies. It focuses on six major themes: the right to leave a country, including one's own; the right to seek and enjoy asylum; non-nationals' right to leave a country; prohibited discrimination as regards the right to leave a country; the situation in the Western Balkans; and the impact of the EU externalisation of border control policies on the right to leave a country. The conclusions highlight the need for European states to examine or re-examine their migration laws and policies in order to fully align them with the European Convention on Human Rights and the Court's jurisprudence.
Is There a Right to Leave One's Own Country?
Author: Dianne Sarah LupingPublisher:
ISBN:
Category : Emigration and immigration law
Languages : en
Pages : 10
Book Description
The Universal Declaration of Human Rights
Author: The Judicial Application of Human Rights Law
Author: Nihal JayawickramaPublisher: Cambridge University Press
ISBN: 9780521780421
Category : Law
Languages : en
Pages : 1104
Book Description
10 The right to life
The Right to Leave and Return and Chinese Migration Law
Author: Guofu LiuPublisher: Martinus Nijhoff Publishers
ISBN: 9004156143
Category : Political Science
Languages : en
Pages : 449
Book Description
Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country's communist political system has significantly affected the development of RLR and the country's approach to it. As a rule, China's approach is restrictive. As part of its reform and 'opening up' policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. "The Right to Leave and Return (RLR) and Chinese Migration Law" provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.
The Rights of Refugees under International Law
Author: James C. HathawayPublisher: Cambridge University Press
ISBN: 9781139445764
Category : Political Science
Languages : en
Pages : 1240
Book Description
This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
The Law of Nations
Author: Emer de VattelPublisher:
ISBN:
Category : International law
Languages : en
Pages : 668
Book Description