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Remarks by Yash P. Ghai

Published online by Cambridge University Press:  28 March 2017

Abstract

I propose to discuss the topic through an examination of the practice in East Africa, especially as it relates to its Asian community. There is considerable confusion in the rules of international law on this topic. Few rules are above controversy and in many instances, the practice goes against what are alleged to be the rules. The answer in several instances depends on interrelated but separate issues, each of which might be controversial. Lack of clear answers is partly due to the great number of variables. Additionally, some of these variables are matters properly governed by international law; others by domestic law. Moreover, there is, generally speaking, a need for greater consensus among states on the scope of the variables before the set of rules can function effectively. Thus questions of nationality are central, but the jurisdiction over them is domestic; problems of statelessness are controversial; the right to leave a country may depend on the right to enter another; the possibility of expelling a person is contingent on the obligation or the willingness of another country to receive him.

Type
Expulsion and Expatriation in International Law: The Right to Leave, to Stay, and to Return
Copyright
Copyright © American Society of International Law 1973

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Footnotes

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Former Dean of the Dar es-Salaam Law Faculty.