Volume 25, Issue 92 (winter 2021)
__Judicial Law Views __2012__, 25(__59__): __224310 |
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Mirabbasi B, Askari A. Development of International Human Rights Law in the ILC Draft Articles on “Expulsion of Aliens”. دیدگاههای حقوقی 2021; 25 (92) :293-310
URL: http://jlviews2.ujsas.ac.ir/article-1-1598-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1598-en.html
1- University of Tehran , : mirabbasi@parsilo.com
2- University of Tehran- Alborz Campus
2- University of Tehran- Alborz Campus
Abstract: (1132 Views)
Development of International Human Rights Law in the ILC Draft Articles on “Expulsion of Aliens”
Abstract
The treatment of aliens has a long history under international law and has always been a controversial Issue. In this context the main issue is to compromise between the sovereignty of states and the protection of human rights of aliens. The expulsion of aliens is one of the most important subdivisions of international law on treatment of aliens. Since the nineteenth century, affected by the process and dialogue of humanization of international law and with Progressive development of Human Rights Law, the laws regulating this domain have been impressively evolved.
Recently international law commission (ILC) has adopted the draft articles on the “expulsion of aliens” with commentaries. The commentary on draft article 3 point out that the draft articles involve both codification of existing international law and progressive development of international law, twin aspects of the ILC’s mandate. The goal of this paper is to examine this draft articles from the development of human rights perspective and to analyze that to what extent they progress beyond the status quo in human rights law.
Abstract
The treatment of aliens has a long history under international law and has always been a controversial Issue. In this context the main issue is to compromise between the sovereignty of states and the protection of human rights of aliens. The expulsion of aliens is one of the most important subdivisions of international law on treatment of aliens. Since the nineteenth century, affected by the process and dialogue of humanization of international law and with Progressive development of Human Rights Law, the laws regulating this domain have been impressively evolved.
Recently international law commission (ILC) has adopted the draft articles on the “expulsion of aliens” with commentaries. The commentary on draft article 3 point out that the draft articles involve both codification of existing international law and progressive development of international law, twin aspects of the ILC’s mandate. The goal of this paper is to examine this draft articles from the development of human rights perspective and to analyze that to what extent they progress beyond the status quo in human rights law.
Keywords: Alien, Expulsion, Human rights, International law commission’s Draft articles, Progressive development of human rights law
Type of Study: Applicable Research |
Subject:
International Law
Received: 2019/04/24 | Revised: 2021/10/18 | Accepted: 2021/03/17 | Published: 2021/05/01 | ePublished: 2021/05/01
Received: 2019/04/24 | Revised: 2021/10/18 | Accepted: 2021/03/17 | Published: 2021/05/01 | ePublished: 2021/05/01
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