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The Flying Dutchman Dichotomy: The International Right To Leave V. The Sovereign Right To Exclude, Suzanne Mcgrath Dale

Penn State International Law Review

Traditional international law rules that people must be free to move about the world without undue hindrance, coming and going with reasonable freedom. At the same time, the concept of the sovereign nation includes a right to say who will enter the nation's borders, who will be barred. These two principles are at odds with each other: who is to say that because one may travel freely, any given nation must allow that person to enter? It is conceivable that no nation may allow the traveller to enter. There is no law or right which dictates that every traveller must …