Immigration but to preserve and enlarge Freedom: For

Immigration
is considered a fundamental human right as indicated in Article 13 of the
Universal declaration of Human rights1
the notion of human rights is a byproduct of natural law theories, which have a
moral principle code prescribing treatment of all human beings to equal
dignity. The pioneers of natural law in regard to human rights were developed
by classical philosophers such as Aristotle and Plato. However, the well versed
John Locke developed this concept vehemently where he argued that the law f
nature should not harm the ‘the
life, the liberty, health, limb, or goods of another”,2 as
he held that:

…..
The end of Law is not to abolish or
restrain, but to preserve and enlarge Freedom: For in all the states of created
beings capable of Laws, where there is no Law, there is no Freedom3.

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The
objective of the moral doctrine of human rights is to ensure that the
fundamental essentials of all human beings are fulfilled and that the state
should ensure that their power is limited to the preservation of these rights.
The seven most fundamental principles are outlined in the natural law
theory  presupposes that  inherent rights are formally given by a higher
being to man, which include the basic rights such as rights to ‘life’, ‘ food’,
 ‘shelter’ and ‘clothing’. The doctrine
of human rights extended from the natural rights to also embody the rights to
Self integration, avoidance of pain and mental health and harmony as being
fundamental. These additional rights As Also viewed by liberalist such as
Ludwig von Mises who added that

“….every individual has the right
to live and to work whenever they want to, this is seen as a basic human right,
if a person is not allowed to work whenever he wants then that is not freedom
as his freedom of association, movement and of ownership to property will be
curtailed…4”

This
study will be highly guided by the principles laid down by natural law theorists
in cognizance with the human right approach on immigration.5
Simply put that freedom of association, movement and right to own property as
fundamental to the livelihood of all human beings. As is one the ways the poor
get an opportunity to enter the middle class and the middle class may enhance
their status in life. The aim is to analyze international law that purposefully
embodies natural law principles partly to act on acknowledging and enabling
this possibility.6

Thus,
in order to prove the existence of a legal gap, there is a dire need to ignite
a discourse on the inclusion of environmental refugees and award them the same
status as acquired by political refugees. The refugee rights  will be legally assured to all human beings without
prejudice; it will be the responsibility, duty or obligations of the state to
preserve, dignify and fulfil the basic human rights regardless of the origins
of the individual as if the law varies from area to another it seizes being a
human right.7

1 “Everyone has the right to freedom
of movement and residence within the borders of each State. Everyone has the right to leave any
country, including his own, and to return to his country.”

2  John Locke Second
Treatise on Government (1690) 
Chapter 2

3
John Locke Second treatise on Government
( 1690) Chapter 6 section  57

4 Ludwig Von Mises, In the classical tradition
Liberalism,

5 B.C. Nirmal, Natural Law, Human Rights And Justice Some
Reflections On Finnis’s Natural Law Theory, retrieved from
www.bhu.ac.in/lawfaculty/blj2006…09/…/4_BC_NIRMAL_NATURAL%20LAW.doc

6 W. Friedmann. Legal Theory (Third Indian Reprint
2003), 95. Says, ‘the history of natural law is a tale of the search of mankind
for absolute justice and its failure’

7 D. Beyleveld, and R. Brownsword,
Law as a Moral Judgment (1986)