NETEISĖTA MIGRACIJA IŠ HUGO GROCIJAUS PERSPEKTYVOS TARPTAUTINĖS TEISĖS KONTEKSTE

Abstract

As more and more undocumented / irregular immigrants try to enter EU, Lithuania and other countries are tightening their immigration policies. Data shows that the vast majority of people seeking asylum are either turned away or detained indefinitely. 
According to the media, there have been cases of people trapped between national borders, without the right to move back and forth, leaving them without food, water and medicine. Deaths have not been prevented. The publication seeks to provide a plausible assessment of the situation through the eyes of Hugo Grotius, known as the father of international law. It was discovered that for Grotius, fundamental human rights—such as the freedom to travel, the ability to reside wherever one chooses, and the right to communicate with anyone—are essential principles of international law that no state can overlook. These rights are rooted in the idea of common property from the dawn of time and the inherent sociability of all humans, which compel states to welcome foreigners by opening their borders and demonstrating hospitality. On the other hand, these rights are not absolute. Their use may be restricted, but the restrictions themselves have limits too. For instance, a state’s refusal to extend hospitality—understood as a manifestation of neighbourly love—may inadvertently compel immigrants into perilous circumstances, potentially endangering their lives. In such cases, the natural law of self-love gives individuals the right to fight for vital resources, even if this requires resisting 
power structures or temporarily appropriating the private property of local residents. Grotius contends that a state’s right to its territory and resources is conditional rather than absolute, thus necessitating consideration of the vital needs of foreigners. The policies enacted must, at a minimum, uphold the natural right to hospitality for all individuals, thereby safeguarding both the interests of its citizens and the integrity of their private property.
Keywords: Grotius, undocumented / irregular migration, right to free movement, right to hospitality.