Expulsion

Tamás Molnár

Chapter 25 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 142-148 from Edward Elgar Publishing

Abstract: Expulsion is a state's unilateral act compelling a non-national to leave its territory and, if necessary, to forcibly remove them. An international legal framework constraining states’ – frequently abused – sovereign powers to expel non-nationals has gradually emerged, notably in the post–Second World War era. A wide-ranging set of international rules on expulsion has been evolving in a politically sensitive area – even if the contours of these norms are not fully clarified and not free from contradictions in some constellations. Besides certain core substantive standards protecting from refoulement and collective expulsion, paired with expulsion-specific procedural safeguards, the solidification of the international protection of human rights has led to the emergence of some forms of additional protection to those subject to expulsion. Jurisprudential developments, both at the universal and regional levels, are relatively recent, dating back to the early 1990s. Still, this ever-growing jurisprudence by international courts and quasi-judicial bodies has significantly contributed to a ‘humanrightization’ of the international law governing expulsion.

Keywords: State sovereignty; Right to expel; Migrants in an irregular situation; International human rights law; Collective expulsion; ILC Draft Articles on the Expulsion of Aliens; Global Compact for Safe; Orderly and Regular Migration (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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