The right to leave and return in international law and practice /

The right to leave and return in international law and practice / / Hurst Hannum.

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Bibliographic Details
Superior document:International Studies in Human Rights ; 8
VerfasserIn:
Hannum, Hurst,
Place / Publishing House:Dordrecht, Netherlands ;, Boston, Massachusetts : : Martinus Nijhoff,, [1987]
©1987
Year of Publication:1987
Language:English
Series:International Studies in Human Rights ; 8.
Physical Description:1 online resource.
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Table of Contents:
  • Intro
  • Title Page
  • Copyright Page
  • Table of Contents
  • Foreword
  • Preface
  • PART ONE: INTRODUCTION
  • International Formulation of the Right
  • PART TWO: CONTEMPORARY LEGAL CONTENT
  • General Principles of Interpretation
  • Article 12 of the Covenant on Civil and Political Rights
  • 'provided by law'
  • 'necessary'
  • 'national security'
  • 'public order (ordre public)'
  • 1. The State or collectivity as ultimate guarantor and benificiary of rights
  • 2. Limitations on the right to leave based on economic considerations, including the 'brain drain'
  • 3. Migration and population policies
  • 'public health or morals'
  • 'rights and freedoms of others'
  • 'consistent with the other rights recognized in the present Covenant'
  • 'arbitrarily'
  • The Evolving Jurisprudence of the Right to Leave and Return
  • The Right to Emigrate
  • Refugee Issues and the Right to Seek Asylum
  • The Right to Travel
  • The Right to Return to One's Country
  • 1. 'one's own country'
  • 2. Citizenship
  • 3. Exile and Expulsion
  • Refugee Issues and the Right to Repatriation
  • PART THREE: STATE PRACTICE
  • General Observations
  • Asia and the Pacific
  • Australia, Canada, New Zealand and the U.S.A.
  • Latin America and the Caribbean
  • Western Europe
  • Eastern Europe and the U.S.S.R.
  • Middle East and North Africa
  • Africa
  • PART FOUR: CONCLUSIONS AND RECOMMENDATIONS
  • APPENDICES
  • APPENDIX 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
  • APPENDIX B. National constitutional provisions guaranteeing the right to leave and/or return
  • APPENDIX 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.
  • APPENDIX 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
  • APPENDIX E. Declaration on the Right to Leave and the Right to Return, adopted by the Uppsala Colloquium, 1972
  • APPENDIX F. Strasbourg Declaration on the Right to Leave and Return adopted by the Meeting of Experts in Strasbourg, 1986
  • NOTES
  • INDEX.

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