TREATMENT OF ALIENS- SU4.1

Question 1

ARTICLE 13 OF THE ICCPR:

Answer 1

a person facing expulsion is entitled to submit reasons against her expulsion and to have her case reviewed by a competent authority except where the compelling reasons of the national security otherwise require.

Question 2

A state must treat…

Answer 2

a state must treat aliens with humanity and respect for their human rights and without discrimination

Question 3

A state incurs…

Answer 3

A state incurs responsibility for injury to the property of an alien as well as to the person.

Question 4

If a state…

Answer 4

if a state arbitrarily confiscates the property of an alien without paying compensation, it is liable for the violation of the international minimum standard.

Question 5

FACTORS:

Answer 5

1. it is accepted that the expropriation must be for a proper public purpose.
2. the requirement of non-discrimination appears to be part of customary international law.
3. international law continues to require the payment of compensation, but the standard to be employed for determining this compensation is unsettled.