ABSTRACT
The modern notion of the nation-state invariably begins and often ends with the reference point of ‘membership’, for communities commonly define themselves by contrast with, or in opposition to, others. The shades of difference, actual or perceived, emerge in denial of the right to emigrate or of entitlement to enter elsewhere, notwithstanding article 13(2) of the 1948 Universal Declaration of Human Rights and article 12(2) of the 1966 Covenant on Civil and Political Rights, both of which proclaim the freedom of movement. The fact of control over the movement of persons, and particularly over the entry and residence of non-citizens, invites attention to the role of international law in this area of state authority, and in other domains in which differential treatment is accorded to anyone, whether citizen or not.
