2004
DOI: 10.1093/ijrl/16.3.289
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Free Movement and the World Order

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Cited by 28 publications
(13 citation statements)
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“…In both legal and material terms, then, the home state is very restricted in guaranteeing the safety of its traveling citizens (Salter 2003:4). Exacerbating this is the fact that a considerable body of law (international and domestic), as well as a long historical tradition in democratic states, commits governments to guarantee the free movement of their citizens (see Hannum 1987; Juss 2004). However, the home state is not—and cannot be—indifferent to the fate of its traveling citizens: after all, because the great majority of travelers are away for only a short time, their legal, emotional, material, and ideational connections with the home state remain very strong.…”
Section: The Travel Dilemma and Travel Warningsmentioning
confidence: 99%
“…In both legal and material terms, then, the home state is very restricted in guaranteeing the safety of its traveling citizens (Salter 2003:4). Exacerbating this is the fact that a considerable body of law (international and domestic), as well as a long historical tradition in democratic states, commits governments to guarantee the free movement of their citizens (see Hannum 1987; Juss 2004). However, the home state is not—and cannot be—indifferent to the fate of its traveling citizens: after all, because the great majority of travelers are away for only a short time, their legal, emotional, material, and ideational connections with the home state remain very strong.…”
Section: The Travel Dilemma and Travel Warningsmentioning
confidence: 99%
“…Juss (2004) has made the case that freedom of movement between territories is a fundamental human right, increasingly central to the realisation of other human aspirations, and could be incorporated into positive international law through an incremental process concentrating initially on employmentrelated mobility. Although engaged through international mechanisms in some of the migration management activities mentioned above, governments in the affluent world have overwhelmingly opted for restrictive measures, mobilising all the technologies of sovereignty at their disposal to defend their borders.…”
Section: Mobilitymentioning
confidence: 99%
“…For those who strive to find a balance between freedom of movement and social stability within a transitional and inherently unstable global environment, the answer will be more elusive. Juss (2004) argues that legislation in favour of free movement rights is actually required in order to achieve global stability, but resiles from advocating a radical open borders agenda, in favour of an incremental achievement of positive rights within the existing system of international law. Sparrow (2003) provides a cogent discussion of the practical and philosophical difficulties from a position which is supportive of, but ultimately rejects, an open borders philosophy in favour of efforts to redress the gross inequalities in life opportunities that fuel mass population movements.…”
Section: Technologies Of Controlmentioning
confidence: 99%
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