Chapter

Regulation of Movement within States

Chaloka Beyani

in Human Rights Standards and the Free Movement of People Within States

Published in print February 2000 | ISBN: 9780198268215
Published online March 2012 | e-ISBN: 9780191683459 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268215.003.0003

Series: Oxford Monographs in International Law

Regulation of Movement within States

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Because the freedom of movement is somewhat encouraged through its protection by human rights, it is necessary for States to regulate the residence, whereabouts, and physical movement of persons within a particular set of reasonable limitations. The methods of accomplishing such regulation and the basis and justification of such necessity must comply with the criteria established by the human rights that concern the freedom of movement. While public policy accounts for how legislative or administrative methods for controlling the residence and movement of persons within territories, the purposes and forms of such measures vary between and within countries depending on the degree of importance given to public interest that States attempt to protect through enforcing limitations. While it is impractical to discuss the various restriction measures, this chapter looks into the issues of legality of particular restriction through examining the nature and permissibility of such measures.

Keywords: freedom of movement; human rights; regulation; limitation; restriction measures; public policy; public interest; permissibility

Chapter.  19749 words. 

Subjects: Public International Law

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