| The prohibition of collective expulsion of aliens first appeared in Article4 of the Fourth Protocol to the European Convention on Human Rights of1963(hereinafter referred to as “Protocol IV”),the purpose of which was to prohibit the collective expulsion of aliens that had been occurring throughout European history.With the diversification of State interests,the prohibition of collective expulsion of aliens is gradually being invoked in State practice.In order to regulate the invocation of this provision,the International Law Commission has regulated it in the context of the topic “Expulsion of aliens”,drafting and adopting the relevant text.This article identifies the existing shortcomings of the draft articles prepared by the International Law Commission(ILC)and makes relevant suggestions by analyzing the drafting process of the relevant articles by the ILC and analyzing the relevant judgments of the European Court of Human Rights.Unlike the judgments of the European Court of Human Rights,the criteria for assessing “collective”expulsion in the draft articles relate to whether there is a threat to national security or public order,or whether there is arbitrary expulsion.In addition,the draft articles do not provide for any exceptions.Second,“expulsion”consists of coercive elements and acts or conduct,and excludes prohibited acts of entry from the scope of “expulsion”.Finally,the term “alien” includes,on the one hand,stateless persons and dual nationals who do not have the nationality of the expelling State,as well as aliens who are legally or illegally present in the territory of that State.On the other hand,a detailed classification of specific categories of aliens is provided.Therefore,in order to better perform the functions that the legal system of provisions prohibiting collective expulsion of aliens should assume,the existing legal system needs to be improved to some extent. |
