ABSTRACT

Nafziger’s account was written at a time, more than 20 years ago, before the widespread acceptance of free movement as a component of human rights. Since then there has been a sea-change in perception and analysis. When it comes to free movement rights, as Harvey reminds us, ‘[i]t is generally accepted now that … interpretation should be tied to human rights norms’.1 Indeed, as he explains, ‘[n]ew paradigms are emerging which present very different pictures of the future and are based on distinct understandings’.2 To that extent, in considering whether or not free movement rights accrue to everyone everywhere, recent empirical approaches to the exercise of free movement rights are worth considering. This is especially so in an era when everyone everywhere wants to travel and partake in the goods of life.