Yearbook of the International Law Commission 2005, Vol. II, Part 1

image of Yearbook of the International Law Commission 2005, Vol. II, Part 1

This volume contains the summary records of the meetings of the International Law Commission on its 57th session (2 May – 3 June and 11 July – 5 August 2005). The issues discussed at that session included: unilateral acts of states, diplomatic protection, state responsibility, reservations to treaties and international liability for injurious consequences arising out of acts not prohibited by international law.

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Expulsion of aliens

The history of mankind has been characterized by mistrust of strangers and the temptation to withdraw from contact with them. There is no need to present a complete picture of this phenomenon, which affects all regions of the world. For example, the Greek city States sought to isolate themselves in an autarkic unit, believing that there was nothing beyond their walls but small tribes of savage barbarians. In Sparta, aliens were banned from the city and accused of disrupting the public order established by law, eunomia; already, even in these ancient times, public order was invoked as a justification. From Sparta to Rome, the same attitude prevailed. Aliens were treated as enemies, as seen in the Latin adage: hostis, hospes (stranger, enemy). Beyond the fortifications marking the boundaries of first the city and then the Empire—such as Hadrian’s wall, dividing England from Scotland, the impressive ruins of which still exist—was the world of aliens denied the status of Romans, where only a banished Roman citizen would venture.

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