The aim of the paper is to outline, in the absence of a comprehensive international legal regime which governs international migration, how the intertwining of conventional and customary rules applying to the movement of people permits a normative balance between individuals’ right to freedom of movement and sovereign authority in this matter. The distinction among nationals and aliens is the necessary starting point when considering international migration. In fact, as sovereignty includes the ‘right to exclude’, the nationality link is the prime criterion to determine who cannot be excluded from the community, i.e., from the territory of the state.
De Vittor, F., Nationality and Freedom of Movement, in Forlati, S., Annoni, A. (ed.), The Changing Role of Nationality in International Law, Routledge Taylor & Francis Group, New York -- USA 2013: 96- 116. 10.4324/9780203436974 [http://hdl.handle.net/10807/52999]
Nationality and Freedom of Movement
De Vittor, Francesca
2013
Abstract
The aim of the paper is to outline, in the absence of a comprehensive international legal regime which governs international migration, how the intertwining of conventional and customary rules applying to the movement of people permits a normative balance between individuals’ right to freedom of movement and sovereign authority in this matter. The distinction among nationals and aliens is the necessary starting point when considering international migration. In fact, as sovereignty includes the ‘right to exclude’, the nationality link is the prime criterion to determine who cannot be excluded from the community, i.e., from the territory of the state.
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