Summary:

The article explores the legal status of foreigners in a host state, focusing on their rights, responsibilities, and the state's obligations. It discusses the process of expulsion, the jurisdiction of the host state over foreigners, and the limitations on foreigners' activities, such as political participation and government jobs. Additionally, the article delves into the state's responsibility for international crimes and harm caused to foreigners, examining issues related to the application of local law and international law.

The legal status of foreigners in a host state rights and responsibilities:

Citizenship of Foreigners in a Host State:

A Foreigner:

A person who leaves his state and enters the territory of another state with its permission is called a foreigner.

A Foreigner and State’s Responsibility:

When a citizen resides in another state, he has the same rights under the law of that state as a citizen within a state. Similarly, the respective state protects the rights of the foreign national. According to the International Law, no state is prohibited to prevent foreigners from coming to its country. Every state has the right to allow or prohibit a foreigner from entering the state. Similarly, each state can determine rules and regulations related to foreigners. The people

who are suffering from dangerous disease or moral depravity are not allowed to enter any state. All those whom a state does not allow to enter or reside within its borders are sent back to that state from where they came. But if such a state refuses to accept them, they are sent back to their state of origin.

Expulsion of Foreigners:

Every state has the right to expel the undesirable elements from the state, however, they should not be subjected to unlawful acts or cruelty while expelling them from the state. Such a person must be given the enough time in which he can wind up his business or other affairs in the state as well as can get an approval to enter in another state.

Jurisdiction of State:

Upon entering the territorial limits of a State, a foreigner immediately comes under the territorial jurisdiction of that State unless he belongs to a privileged class such as diplomatic personnel. In this case a foreigner remains under the personal sovereignty of his own State. ( state of his origin).

Rights and Duties for Foreigner:

States are bound by international law not to deprive foreigners of the right to acquire personal property, marriage or other family rights to foreign nationals entering into contracts in their state. Along with these rights, a state can also imposes conditions on foreigners;

For example: A Foreigner:

i:- Cannot participate in any kind of political activity.

ii:- Does not have the right to vote.

iii:- Is not given a government job.

iv:- Adoption of certain professions is prohibited.

State Responsibility for Foreigners:

The question of state responsibility for wrongs unrelated offences related to the treaty restrictions in various responsibilities of the state is included. Such offenses are committed by a State in violation of an obligation imposed on a State by international law. Such crimes are called international crimes.

Such offenses are usually committed:

i:- By a State Government,

ii:- By a government official,

iii:- By the common citizens of the state.

Two questions may arise when assessing a state’s responsibility for harm caused to foreigners:

1:-That there may be wrongs under the local law of the State and their remedy under the local law. This is not an issue in international law.

2:-That help may not be available due to non-availability of local authority or inadequacy of local authority. A state whose resident is harmed may bring a claim against the state where this harm occurred. In above mentioned states wrong can be committed either by state or by the government itself or by other persons. When a state appeals against the wrongs of its nationals then the real question will be that such wrongs may be attributable to some extent to the State against which the claim is made.

Analysis:

A person who resides in another state instead of his own state or seeks permission to enter another state is called a foreigner. When such a citizen enters a state, he has the normal rights according to the law of that state. Under international law, every state has the right to allow or deny the entry of a foreigner into its state. Such a person shall neither participate in political activities nor vote nor hold any public service in this State.