A Right to Belong: Legal Protection of Sociological Membership in the Application of Article 12(4) of the ICCPR
Why this work is in the frame
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Bibliographic record
Abstract
The ability of a state to determine who can enter its territory and who can claim membership in the national community is at the core of the traditional conception of sovereignty. Where sovereignty equates to control over territory and people, discretion over who can enter and who belongs would seem to be among the fundamental elements — if not the fundamental element — of a state’s status as a sovereign entity. However, while often maintaining the discourse of state discretion, international law has increasingly intervened to dictate the terms of a state’s ability to ascribe nationality and to expel non-nationals. This paper tracks the development of this intervention, which, it argues, culminates in recent events concerning the application of the right to enter and remain in one’s “own country” under Article 12(4) of the International Covenant on Civil and Political Rights. In short, the U.N. Human Rights Committee, in two recent decisions, determined that Article 12(4) grants long-term residents the right to remain in the territory of a state on the basis of their de facto membership in the national community. This interpretation of the right — which marks a break with the Committee’s past jurisprudence — has the potential to significantly challenge the scope of the state’s discretion concerning both these core areas of who can enter and who belongs. Ultimately, however, this challenge to the traditional terms of national belonging is best viewed as an example of a broader trend toward international legal protection for “sociological membership” within the national community. The growth of this protection is a natural consequence of the proliferation of global migration (and the increased mobility of individuals more generally) over the last two centuries, and the increasing recognition of the interests of the individual as a concern of international law.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it