Deportation As a Global Phenomenon: Reflections on the ILC Draft Articles on the Expulsion of Aliens

28 Pages Posted: 16 Oct 2019

Date Written: 2017

Abstract

One of the most important achievements of the International Law Commission's Draft Articles on the Expulsion of Aliens ("Draft Articles") is the basic conceptualization of contemporary expulsion or deportation as a global phenomenon that is subject to international law. This is timely, if perhaps overdue. Though long recognized as a significant power of state sovereignty, deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations.

The conceptualization of deportation remains a work-in-progress and is one of the most important human rights challenges we face. This Essay therefore begins in with a general legally oriented conceptualization of deportation, followed by a critique of the Draft Articles. It then discusses an alternative international legal instrument, the Declaration on the Rights of Expelled and Deported Persons (the "Declaration"), developed by the author in conjunction with Boston College Post-Deportation Human Rights Project.

Suggested Citation

Kanstroom, Daniel, Deportation As a Global Phenomenon: Reflections on the ILC Draft Articles on the Expulsion of Aliens (2017). Harvard Human Rights Journal, Vol. 30, 2017, Boston College Law School Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3470226

Daniel Kanstroom (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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