International Law and Border Control

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In 1780, the term “international law” was created and first used by Jeremy Bentham in his Introduction to the Principles of Morals and Legislation. Since about 1840, in the English and Romance Languages it has replaced the older terminology of ‘law of nations’ or ‘droit de gens’ which can be traced back to the Roman concept of ius gentium and the writings of Cicero. Since its inception, there have been different definitions offered to define the term “international law”. For example, Bentham himself defined international law as the law which relates to the mutual transactions between sovereigns as such. Tim Hiller says, it is the “body of rules which are legally binding on states in their intercourse with each other”. In the view of Sir Cecil Hurst, “international law is the aggregate of rules which determines the rights which one state is entitled to claim on behalf of itself or its nationals against another state”.

Despite the different definitions offered above, there is a similarity with all three definitions, which is the relationship between states. As Colin Warbrick asserts, “international law has something to do with States”, however while states were the only legal persons of international law fifty years ago, today international organisations, regional organisations, non-governmental organisations, public companies, private companies and individuals can now be regarded as legal persons under international law.

Furthermore, due to the relationship between states and international law, some states have incorporated some aspects of international law into their domestic laws. For example, states such as the United Kingdom (UK) and the United States America (USA), have adopted the 1951 Convention Relating to the Status of...

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...e, Russia, China and the UK to control their borders due to the fact they can withstand any sanctions place upon them if they were to breach international law.

However, to a great extent, international law does inhibit the ability of nation’s states that are not economically and politically sound to control their borders. Firstly, this is due to the fact that “weaker states”( those states not economically and politically strong) have to reduce border strictness in order to facilitate the flow of capital, information, cheap labor and domestic services as asserted by Sassen, Pecoud and Guchteneire. Lastly, weaker states have to abide to international laws, such as allowing freedom of movement and the acceptance of refugees, domestic workers etc, as a breach of it made lead to sanctions (i.e. withdrawal of aid) which could be of detrimental effect to their economy.

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