A state of Necessity to Justify States’ Closure of Their Borders to Prevent a Massive Influx of Asylum-seekers

Abstract

A large-scale influx of asylum-seekers is a serious concern of the international community. People migrate for many different reasons, including economic, social, political ones. It is indisputable that a sudden massive influx of asylum-seekers is likely to threaten the essential interests of any State. The closure of State borders and the concept of a “state of necessity” are closely related issues. It is, therefore, important to determine whether a State is entitled to invoke a “state of necessity” in order to prevent a massive influx of asylum-seekers. This article does not advocate to expand the reasons for a plea of necessity and thus to allow States to avoid international obligations in the name of protecting their interests against a grave and imminent peril. International law should apply notwithstanding the States’ individual self-interest.