オーストラリアにおける退去強制制度 : 国内制度とその事例

概要

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With the globalization of the international community, the mobility of people across borders is increasing. As the number of foreigners living outside their home states grows, the number of illegal foreigners increases. In Japan, the number of illegal aliens hit 220,000 in 2004. The state can exercise its right to deport these illegal aliens in order to keep public order.　The words ”expulsion” or ”deportation” have been used to describe the exercise of state power which secures the removal of an illegal alien from the territory of a state. General international law used to allow the state wide discretion on this matter. However, in recent years, it seems that the development of international human rights treaties has been limiting this discretion. The main purpose of this article is to research the Australian deportation system.　After the September 11th terrorist attacks, states strengthened their immigration controls. Even international human rights treaties bodies called on states to limit their discretion on immigration controls, and to open their borders to foreigners. As customary international law consists of opino juris and state practice, it is rather difficult to conclude that international human rights treaties have effected States' immigration policies.
2006-02-15