The legal base of readmission Sample Clauses

The legal base of readmission. ‌ The international obligation to readmit own and foreign nationals should be distinguished from the individual right to return to the country of nationality. Every individual has a right to leave any country, including his own, as well as to return to his own country, according to Art 13.2 of the Universal Declaration of Human Rights.49 The individual however, does not have a right to enter any country. In international law, states are also free to decide which aliens may stay and which have to leave the country. International refugee law also authorizes states to expel even refugees.50 Therefore, if for some reason, a person no longer is welcomed on that state’s territory, there has to be another state willing to welcome that person, namely the state of which he or she is a national. In this case, the individual’s wish to stay or not to return is trumped by state sovereignty, the right to expel. Since there is nowhere the individual has a right to go but home, so the logic goes, the state of which he or she is a national would then be obligated to readmit him or her.51 However, the right to expel is in relation to that particular individual, not the individual’s home state. To invoke a duty to readmit upon the home state would mean the subordination of that state’s personal delimitation to that of another state. The right to expel, merely commands a weak duty on the home state to respect the individual’s right to return. 52
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