Immigrationis considered a fundamental human right as indicated in Article 13 of theUniversal declaration of Human rights1the notion of human rights is a byproduct of natural law theories, which have amoral principle code prescribing treatment of all human beings to equaldignity. The pioneers of natural law in regard to human rights were developedby classical philosophers such as Aristotle and Plato. However, the well versedJohn Locke developed this concept vehemently where he argued that the law fnature should not harm the ‘thelife, the liberty, health, limb, or goods of another”,2 ashe held that:…..The end of Law is not to abolish orrestrain, but to preserve and enlarge Freedom: For in all the states of createdbeings capable of Laws, where there is no Law, there is no Freedom3.
Theobjective of the moral doctrine of human rights is to ensure that thefundamental essentials of all human beings are fulfilled and that the stateshould ensure that their power is limited to the preservation of these rights.The seven most fundamental principles are outlined in the natural lawtheory presupposes that inherent rights are formally given by a higherbeing to man, which include the basic rights such as rights to ‘life’, ‘ food’, ‘shelter’ and ‘clothing’. The doctrineof human rights extended from the natural rights to also embody the rights toSelf integration, avoidance of pain and mental health and harmony as beingfundamental. These additional rights As Also viewed by liberalist such asLudwig von Mises who added that “….every individual has the rightto 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 freedomas his freedom of association, movement and of ownership to property will becurtailed…4″Thisstudy will be highly guided by the principles laid down by natural law theoristsin cognizance with the human right approach on immigration.5Simply put that freedom of association, movement and right to own property asfundamental to the livelihood of all human beings.
As is one the ways the poorget an opportunity to enter the middle class and the middle class may enhancetheir status in life. The aim is to analyze international law that purposefullyembodies natural law principles partly to act on acknowledging and enablingthis possibility.6Thus,in order to prove the existence of a legal gap, there is a dire need to ignitea discourse on the inclusion of environmental refugees and award them the samestatus as acquired by political refugees. The refugee rights will be legally assured to all human beings withoutprejudice; it will be the responsibility, duty or obligations of the state topreserve, dignify and fulfil the basic human rights regardless of the originsof the individual as if the law varies from area to another it seizes being ahuman right.71 “Everyone has the right to freedomof movement and residence within the borders of each State. Everyone has the right to leave anycountry, including his own, and to return to his country.”2 John Locke SecondTreatise on Government (1690) Chapter 23John Locke Second treatise on Government( 1690) Chapter 6 section 574 Ludwig Von Mises, In the classical traditionLiberalism,5 B.C.
Nirmal, Natural Law, Human Rights And Justice SomeReflections On Finnis’s Natural Law Theory, retrieved fromwww.bhu.ac.in/lawfaculty/blj2006…
09/…/4_BC_NIRMAL_NATURAL%20LAW.doc6 W. Friedmann. Legal Theory (Third Indian Reprint2003), 95. Says, ‘the history of natural law is a tale of the search of mankindfor absolute justice and its failure’7 D.
Beyleveld, and R. Brownsword,Law as a Moral Judgment (1986)