Does the hu man right to self-determination also protect attitudes that are critical of or opposed to immigration?
Michael Lysander Fremuth will tackle this question in his upcoming presentation.
In human rights law\, migration is typically approached from the perspective of balancing the rights of migrants—often individuals in situations of vulnerability—with state sovereignty—defined a s the authority to protect state interests by regulating the lawful entry\, residence\, and departure of foreign nationals. However\, inspired by the International Court of Justice’s (ICJ) advisory opinions on the Occupied Pa lestinian Territory\, in which the Court found a violation of the right to self-determination of the Palestinian people resulting from policies riskin g alterations to its demographic composition\, Fremuth examines as a genera lized question whether the collective human right to self-determination als o encompasses a society’s self-conception as an open or closed society. The conversation will explore the potential implications of the ICJ decision f or the balancing exercise if this traditional reliance on state interest is elevated to a competing collective right to self-determination.
Mi chael Lysander Fremuth is a generalist in public international and human rights law. He is Full Professor for Fundamental and Human Rights at the Law Faculty of the University of Vienna\, Scientific Director of the M aster Program in Human Rights\, Co-Director of the Research Network on Demo cracy and Human Rights\, as well as Coordinator for the faculty’s cooperati on with Ukraine. Furthermore\, Fremuth is director of the Ludwig Boltzmann Institute of Fundamental and Human Rights\, one of the largest research ins titutes of its kind in Europe that combines basic and applied research to g enerate added value and societal impact.
< strong>Gerald Neuman (respondent/moderator) is the Director of Har vard Law School’s Human Rights Program\, and the J. Sinclair Armstrong Prof essor of International\, Foreign\, and Comparative Law at HLS. Neuman teach es courses in international human rights law\, immigration and nationality law\, and U.S. constitutional law. From 2011 to 2014\, he served as a Membe r of the UN Human Rights Committee. Neuman holds a JD from HLS and a PhD fr om the Massachusetts Institute of Technology.
This eve nt is co-sponsored by The Program on Law and Society in the Muslim World an d The Human Rights Program at Harvard Law School.
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