Limiting the National Right to Exclude

53 Pages Posted: 21 Feb 2018

See all articles by Katrina Wyman

Katrina Wyman

New York University School of Law

Date Written: February 2018

Abstract

This essay argues that the robust right to exclude that nation states currently enjoy will be harder to justify in an era of climate change. Similar to landowners, nation states have virtual monopolies over portions of the earth. However, the right of landowners to control who enters their land is considerably more constrained than the right of nation states to control who enters their territory. Climate change will alter the areas of the earth suitable for human habitation and the broad right of nation states to exclude will be more difficult to justify in this new environment.

Suggested Citation

Wyman, Katrina, Limiting the National Right to Exclude (February 2018). University of Miami Law Review, Forthcoming; NYU School of Law, Public Law Research Paper No. 18-11. Available at SSRN: https://ssrn.com/abstract=3127006

Katrina Wyman (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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