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ILC Forum Essays

Forum on the International Law Commission’s “Draft Articles on the Expulsion of Aliens”

In 2014, the International Law Commission of the United Nations completed its decade-long project to restate the rules of international law on the expulsion of aliens. The resulting “Draft Articles on the Expulsion of Aliens” combine aspects of traditional customary international law, human rights lat, refugee law, and extrapolation of current trends. The Draft Articles address general norms, categories of prohibited expulsion, protection of the rights of aliens subject to expulsion, and legal consequences of expulsion. They may later form the basis of an international convention, and in the meantime they offer themselves as a progressive set of international standards on the subject.

The essays presented here analyze the nature and convent of the International Law Commission’s Draft Articles, especially in comparison with other human rights standards. They were presented at a workshop convened by the Harvard Law School Human Rights Program in March 2016, in collaboration with the Harvard Human Rights Journal.

For the “Draft Articles on the Expulsion of Aliens,” click here.

Progressive Development, Children’s Rights and the ILC Draft Articles on the Expulsion of Aliens by Jacqueline Bhabha

A New ‘Baxter Paradox’? Does the Work of the ILC on Matters Already Governed by Multilateral Treaties Necessarily Constitute a Dead End? Some Observations on the ILC Draft Articles on the Expulsion of Aliens by Mathias Forteau

Deportation as a Global Phenomenon: Reflections on the Draft Articles on the Expulsion of Aliens by Daniel Kanstroom

Missed Opportunities in the International Law Commission’s Final Draft Articles on the Expulsion of Aliens by Won Kidane

Human Rights and the International Law Commission’s Draft Articles on the Expulsion of Aliens by Gerald L. Neuman