Treatment of Aliens under Public International Law

The treatment of aliens under Public International Law is governed by principles aimed at balancing the sovereignty of states with the need to ensure fair and equitable treatment for foreign nationals (aliens). These principles regulate the entry, stay, and rights of aliens within a state's territory while ensuring that states retain the right to control their borders and the conduct of non-citizens within their jurisdiction. Below is a meticulous outline of the key legal doctrines, customary international law principles, and relevant treaties and jurisprudence governing the treatment of aliens.

1. Sovereignty and Control Over Aliens

States possess the inherent right to control their borders and regulate the entry and stay of foreigners. This right includes:

Admission: States are generally free to determine who may enter their territory, subject to international obligations (e.g., non-refoulement under refugee law).
Expulsion: States may deport or expel aliens but must adhere to international legal standards.
Jurisdiction: Aliens are subject to the territorial and personal jurisdiction of the host state.

2. Standard of Treatment

The treatment of aliens is governed by two key standards under international law:

National Treatment Standard: Aliens must be treated at least as favorably as nationals in similar circumstances.
International Minimum Standard (IMS): Regardless of how a state treats its own citizens, it must treat aliens in accordance with a minimum standard of fairness, decency, and justice recognized by international law.

a. National Treatment Standard

This principle obligates states to ensure that aliens are not treated less favorably than their own citizens in certain areas, including property rights, access to justice, and commercial activity.
However, national treatment is not absolute, and states may distinguish between citizens and aliens in areas such as political rights (e.g., voting and holding office) or military service.

b. International Minimum Standard (IMS)

Customary Law: The IMS is a customary rule that requires states to provide basic protections for aliens, regardless of their domestic laws or policies.
Core Elements of IMS:
- Denial of Justice: The IMS prohibits the denial of access to courts or the administration of justice in a manner that violates fundamental principles of due process.
- Arbitrary Detention: Aliens must not be arbitrarily detained or imprisoned without due process.
- Protection from Abuse: States must protect aliens from harm, including physical violence, discriminatory treatment, and torture.

3. Protection of Aliens’ Rights

International law recognizes that aliens possess certain fundamental rights which must be respected by the host state. These rights include:

a. Right to Life, Liberty, and Security

Universal Declaration of Human Rights (UDHR): Aliens, like all individuals, are entitled to life, liberty, and security of person.
International Covenant on Civil and Political Rights (ICCPR): This treaty ensures that aliens have the right to life and freedom from arbitrary detention, among other rights.

b. Right to Due Process

Aliens are entitled to due process under both national and international law. This includes the right to be informed of charges, the right to a fair trial, and protection from arbitrary arrest or deportation.
Non-Refoulement Principle: Under international refugee law (as codified in the 1951 Refugee Convention and its 1967 Protocol), a state is prohibited from returning an alien to a country where they may face persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

c. Right to Property

International law protects the right of aliens to own property in the host state, subject to local laws. States must not expropriate an alien's property without providing prompt, adequate, and effective compensation (as per the customary rule on expropriation and international investment agreements).
Bilateral Investment Treaties (BITs): Many BITs contain provisions that protect foreign investors and their property from arbitrary seizure by the host state.

d. Right to Compensation for Expropriation

States may expropriate the property of aliens for public purposes, but this must be done in accordance with international law. The key principles are:
- Public Purpose: Expropriation must be for a legitimate public interest.
- Non-discrimination: The expropriation must not target aliens on the basis of their nationality.
- Adequate Compensation: States are obligated to provide full, prompt, and effective compensation, often referred to as the "Hull formula."

4. Customary International Law Protections

The customary international law principles governing the treatment of aliens include:

Protection of Aliens Abroad: States are responsible for ensuring that their citizens (aliens in another state) are treated fairly, and may invoke diplomatic protection if their rights are violated.
Diplomatic Protection: A state may intervene on behalf of its nationals when they suffer an injury that constitutes a breach of international law by another state. However, certain conditions apply, such as the exhaustion of local remedies by the alien.
Right to Access to Justice: Aliens have the right to fair and accessible legal processes, including access to courts and protection against bias or discriminatory judicial procedures.

5. Expulsion and Deportation of Aliens

While states have the sovereign right to expel aliens, certain international obligations limit this power. Expulsion must be carried out in accordance with due process and the protection of basic human rights:

Non-Arbitrary Expulsion: States must ensure that expulsion is not carried out arbitrarily or in bad faith.
Right to Appeal: Aliens often have the right to challenge their expulsion through administrative or judicial review.
Collective Expulsion Prohibition: The practice of collectively expelling a group of aliens without consideration of their individual cases is prohibited under international law (e.g., Article 4 of Protocol No. 4 to the European Convention on Human Rights).

6. International Treaties Protecting Aliens

Several international treaties directly address the treatment of aliens and their rights within foreign states, including:

a. Universal Declaration of Human Rights (UDHR)

The UDHR enshrines basic rights and freedoms for all individuals, including aliens, such as the right to life, liberty, security, and protection from discrimination.

b. International Covenant on Civil and Political Rights (ICCPR)

This treaty protects aliens' rights to due process, freedom from arbitrary arrest, and fair treatment under the law.

c. Convention Relating to the Status of Refugees (1951 Refugee Convention)

The Refugee Convention establishes the principle of non-refoulement and provides protections for individuals who are recognized as refugees, including the right to seek asylum and protection from return to their home country where they may face persecution.

d. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW)

This treaty provides comprehensive protection to migrant workers and their families, ensuring their fair treatment and protection of their rights.

e. Vienna Convention on Consular Relations (1963)

Under this treaty, when an alien is arrested or detained, they have the right to consular notification. The home country’s consulate must be informed and allowed to provide assistance to the national.

7. Case Law and Jurisprudence

Significant international case law has further clarified the obligations of states concerning the treatment of aliens:

Neer Claim (1926): This early decision by the U.S.-Mexico Claims Commission established the standard that states violate international law when they fail to treat aliens in accordance with the international minimum standard of “outrage, bad faith, willful neglect of duty, or an insufficiency of governmental action.”
Barcelona Traction Case (1970): The International Court of Justice emphasized the distinction between the rights of a company and the rights of shareholders (who may be aliens) when it comes to diplomatic protection.

8. Philippine Context

In the Philippines, the treatment of aliens is generally governed by domestic laws in conjunction with international obligations. The Constitution of the Philippines provides for the equal protection of the laws to all persons, including aliens, under the Bill of Rights. However, certain rights and privileges, such as land ownership and political rights, are reserved for Filipino citizens.

Immigration Act of 1940: Governs the admission, stay, and expulsion of aliens in the Philippines.
Philippine Refugee and Stateless Persons Protection Act: Implements the country’s obligations under the Refugee Convention, particularly the principle of non-refoulement.

Conclusion

The treatment of aliens under Public International Law seeks to strike a balance between the sovereign rights of states and the protection of fundamental rights of foreign nationals. The key obligations imposed on states include ensuring non-arbitrary treatment, access to justice, protection from expropriation without compensation, and adherence to international minimum standards. Additionally, customary international law, treaties, and jurisprudence all play critical roles in shaping the treatment of aliens across different legal systems, including in the Philippines.