The right to leave and return in international law and practicePDF电子书下载

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PART ONE: INTRODUCTION 1

International Formulation of the Right 7

PART TWO: CONTEMPORARY LEGAL CONTENT 17

General Principles of Interpretation 21

Article 12 of the Covenant on Civil and Political Rights 24

'provided by law' 24

'necessary' 26

'national security' 27

'public order (prdre public)' 29

1. The State or collectivity as ultimate guarantor and benificiary of rights 32

2. Limitations on the right to leave based on economic considerations, including the 'brain drain' 34

3. Migration and population policies 40

'public health or morals' 41

'rights and freedoms of others' 42

'consistent with the other rights recognized in the present Covenant' 43

'arbitrarily' 44

The Evolving Jurisprudence of the Right to Leave and Return 46

1. 'one's own country' 56

2. Citizenship 60

3. Exile and Expulsion 63

Refugee Issues and the Right to Repatriation 66

PART THREE: STATE PRACTICE 69

General Observations 71

Asia and the Pacific 75

Australia, Canada, New Zealand and the U.S.A. 82

Latin America and the Caribbean 85

Western Europe 92

Eastern Europe and the U.S.S.R. 96

Middle East and North Africa 105

Africa 109

PART FOUR: CONCLUSIONS AND RECOMMENDATIONS 119

APPENDICES 135

A. Country reports under Article 40 of the Covenant on Civil and Political Rights which refer to rights guaranteed under Article 12 of the Covenant 136

B. National constitutional provisions guaranteeing the right to leave and/or return 139

C. Draft Principles on Freedom and Non-Discrimination in respect of the Right of Everyone to Leave Any Country, including His Own, and to Return to His Country, by Judge Jose Ingles, Special Rapporteur, 1963 142

D. Draft Principles on Freedom and Non-Discrimination in respect of the Right of Everyone to Leave Any Country, including His Own, and to Return to His Country, as amended by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, 1963 146

E. Declaration on the Right to Leave and the Right to Return, adopted by the Uppsala Colloquium, 1972 150

F. Strasbourg Declaration on the Right to Leave and Return adopted by the Meeting of Experts in Strasbourg, 1986 154

NOTES 159

INDEX 185

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