LOS MUROS FRONTERIZOS DESDE LA PERSPECTIVA JURÍDICA DEL IUS MIGRANDI

Abstract

This paper reviews the current meaning of the border in the context of an increasing globalization. The existence of frontiers, which today is justified by the role of the national state in safeguarding of the external and internal security, and public order, must be examined in the light of this growing globalization and the broad development of transnational movements. The authors make an extensive review of what they call "walled globalization" and state their view that borders must be control mechanisms that constitute access routes for everybody, but not walls that prevent it. According to the authors, the walls violate the rules on neighbourliness and the obligation to cooperate among the States, and they propose that it is necessary the revival and recovery of the "ius migrandi" as human right of universal character, which must be recognized by all the States, in their fourfold aspect of the right not to migrate, the right to migrate, the right to settle peacefully, and the right to return.