Article

Aliens

Loretta Ortiz

in International Law

ISBN: 9780199796953
Published online July 2013 | | DOI: http://dx.doi.org/10.1093/obo/9780199796953-0047
Aliens

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  • International Law
  • International Courts and Tribunals
  • Private International Law and Conflict of Laws
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General international law obliges states to treat aliens in a certain way (alien defined as “non-national”). The standards of general international law governing the treatment of aliens are part of what has been called alien law, which only encompasses the duties of states toward the aliens who are nationals of another state. International alien law can be divided into large areas: admission of aliens, foreigners’ situations in the country, and their expulsion. With regard to the admission of aliens, general international law establishes that a state cannot arbitrarily close its borders, although states may subject entry to their territory to the fulfillment of certain conditions, denying access to certain foreigners or groups of foreigners. Aliens have the rights of recognition of their legal capacity, respect for acquired rights, the right to liberty, the right to access to justice, and protection from criminal attacks, requiring states to punish offenses against the life, liberty, property, and honor of aliens. States fulfill this duty if they protect aliens in the same way as they do their nationals, along with providing the right to consular notification and access in the case of deprivation of liberty. It is noted that the international alien law standards do not impose upon states the duty to authorize work or the exercise of a profession by aliens. Nevertheless, in treaties that create free-trade areas or customs unions, more favorable treatment has been legislated for the foreign nationals or residents of the states parties, in light of those regulations that authorize the exercise of an activity, profession, or job, as in the case of the European Union. Concerning the expulsion of foreigners, the motives supported by international practice can be reduced to the following: putting the security and order of the state of residence in danger; offense inferred to the state of residence; threat or offense to other states; crimes committed within the country as well as abroad; economic damages to the state of residence; and residence in the country without authorization.

Article.  9839 words. 

Subjects: International Law ; International Courts and Tribunals ; Private International Law and Conflict of Laws ; Public International Law

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