The Right in International Law of an Individual to Enter, Stay in and Leave a Country<sup>*</sup>

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI:
The Right in International Law of an Individual to Enter, Stay in and Leave a Country*

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The right to enter one’s country, to stay in a country which one has legally entered, and to leave any country including one’s own, have been perceived as basic since the Universal Declaration of Human Rights was adopted in 1948. When individuals claim human rights relating to freedom of movement, they are referring to the same facts and situations that states are concerned with when they assert jurisdiction over their own nationals and over resident aliens. The international law of jurisdiction is the means by which states allocate competence, between themselves, for the prescription and application of authority over events inside and outside their national boundaries. The rights of entry, sojourn, and exit are indivisible: the denial of any one makes the assertion of the others a chimera rather than a reality. Moreover, they flow inexorably from the right of freedom of movement and residence within the borders of a state. Further, these rights of mobility are inextricably intertwined with certain other human rights.

Keywords: freedom of movement; international law; jurisdiction; entry; sojourn; exit; human rights

Chapter.  8069 words. 

Subjects: Public International Law

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