Nationality and Freedom of Movement

This article explores how the intertwining of conventional and customary rules applying to the movement of people permits a normative balance between the human right to leave any country, and the state’s right to control borders and to deny access to territory to foreigners. Starting from the premise that, in practice, the prime responsibility to respect the right to leave is on the state of nationality of the individual, this article assesses the positive legal content of the right in respect of non-nationals. Moreover this article identifies the limitations that the right to leave imposes on the right of states to manage immigration.