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Laws of International Travel with Special Reference to Passport and Visa

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Laws of International Travel with Special Reference to Passport and Visa LAWS OF INTERNATIONAL TRAVEL WITH SPECIAL REFERENCE TO PASSPORT AND VISA DISSERTATION SUBMrrTEO FOR THE AWARD OF THE DEGREE OF iHasiter of ^Ijilodoplip IN POLITICAL SCIENCE BY ANSAR AHMAD UNDER THE SUPERVISION OF PROF. ISHTIAQ AHMAD DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 1994 DS2722 'r '*[ i>5-2^22-, \^iismuli\'^^^^'^' DEDICATED TO MY PARENTS Aligarh Muslim 4Ji)iver8ity 1 Phonas\^^''"''' ^^''^^ Aligarh—202002 ^^=>vj/ VMamal : 366 DateJ 18.04.95 •c r> TIFICATE This is to certify that the work entitled "Laws of Inteu^ational Travel with Special Ref­ erence to Passport and Visa*^ has been completed by Mr. Ansar Ahmad under my supervision. In my opinion#this dissertation is suitable for submission for the award of the degree of M.Phil in Political Science. Jr.a^i:=pf'—' (PHDF. ISHTIAQ AHMAD ) CONTENTS PAGE NO ACKNOWLEDGEMENT PREFACE 1-3 CHAPTER-I Growth and Significance of International Travel 4-29 CHAPTER-II International Travel and the passport Regime 30-57 CHAPTER-III Passport for Refugees and Stateless Persons 58-88 CHAPTER-IV Law of Passport and Visa in U.K. ,U.S. A. and India 89-114 CONCLUSION 115-125 APPENDICES BIBLIOGRAPHY. ACKNOWLEDGEMENT I feel it -y primary duty to bow my head before the Almighty Allah--..la, the most merciful, cherisher and sustainer, who bestowed on me the gift to explore new front­ iers in my studies. For the cc.'-pletion of this work I am greatly indebted to Professor Ifci. ,_3q Ahmad, who has supervised the entire project right from its beginning. It is due to his able and intellectual guidance, constant encouragement and unhesitant help that the work could be completed. I am also thankful to Prof, Shan Mohammad, Chairman, Department of Political Science for the interest shown in ray research work. I am equally greatful to other members of the department particularly Prof, A.S, Beg, Dr, A, R, Vijapur and Mr, M, Aaner Beg for their concrete and enlightened suggestions on the subject. My thanks are due ^ dcie staff members of Indian Society of International Law, New Delhi, Maulana Azad Library, Allgarh liuslira University, Aligarh, Library of Food Craft Institute, University Polytechnic, A,M.U. , Seminar Libraries of the Depart­ ment of Political Science, Department of Commerce and Department of Law for their full support and help in collection of relevant material for this work. I shall be failing in my duty if I do not express my deep sense of gratitude to my revered parents and loving brothers —- Molvi Neshat Ahmad, Hafiz Seraj Ahmad/ sisters Mahmooda Khatoon, Parida Khatoon, Shaheeda ^hatoon and brother-in-law Mr. Imteyaz Ahmad whose patience, encouragement and blessings have always been a source of inspiration to me, A special heartly word of thanks to my cousine Ms,Anwari Khatoon for her constant encouragement and moral support at every stage of my study, I am also obliged to my fellow research scholar Ms.Naghma Farooqui for her valuable help and suggestions. Last but not the least I owe ray obligations to my friends Mr. Mohd. Andaleeb Ahmad, Mr, Amjad Ali Ansari, Mr, Jawed Akhtar, Mr, Mohd, ^iustafa Ansari, Mr, Shamim Anwar, Mr, Ejaz Ahmad Ansari and Mr, Firoz Ahmad Khan who helped me in accomplishing this work. ( ANSAR AHMAD ) PREFACE The movements of persons across frontiers represents an era of a particular problem of interna­ tional law. States enjoy an absolute and uncontrolable discretion or sovereign power to determine whether they will permit their objects to travel abroad and whether, and on what conditions they will permit the entry of aliens. The conditions of their entry, if it be allowed at all, the treatment due to those admitted and the permitted circumstances of their repulsion are matters commonly consigned without further enquiry to the realm of sovereign state power. More-over there are obstacles put by the authorities for crossing the national frentier^. With the result, there is need for documentation, passports, visas and other conditions for entry. These are the areas which need a thorough and in-depth study. It is hoped that the present study will fulfill the gap hitherto unfulfilled. The present study consists of four chapters^ In the first chapter a detailed account of the historical growth of travel combined with the importance which it has in the present day world has been presented. In the second chapter, the evolution of passport system, its need, and the role v;hich passports are intended to play, commonly recognised principles in the issue of passports and visas and alternative travel documents which are acce­ pted in lieu of passports have been throughly examined. Chapter third deals with the passports and other travel documents issued to refugees and stateless persons. The circumstances which necessitate a special identity and travel document to these persons and their (document's) development under the auspices of the League of Nations and the United Nations have also been presented. Chapter fourth sheds light on the passport rules in the United Kingdom, United States of America and India, Lastly a brief conclusion of the study has been given. In addition to the standard works available all the relevant origin-sl source materials have been consulted for the purpose of this study. If any aspect relating to the topic is not covered^ it is due to the lack of materials available on the subject, as has been accepted by Turack Daniel in the following words s "The materials relating specifically to passports would be very short indeed, as very little literature exists on the subject. On the other hand any attempt to cover all the source materials on the subject would touch literature of ephemeral interest and would contain so many entries as to be of limited practical value to those seriously interested in the subject". CHAPTER -I GROWTH AND SIGNIFICANCE OF INTERNATIONAL TRAVEL Since antiquity man has been prone to migrate from one place to another. He searched for things he wented and travelled for food, shelter or just for curiosity. At times large scale movements wtre caused by changes of climate, dwindling food supplies or hostile invaders. The Aryans left their homes in Central Asia due to climatic change leading to dwindling food supplies. When man moved from country to country "he cransformed the entire length of these countries and changed the racial, religious and linguistic composition of such lands. While retaining his own tradition, he adapted himself to new conditions and environment as well as imbibed the local flavour with great abandon. Due to the absence of roads and other transport facilities travel had to be the hard way and this led slowly to development of land routes, =s also river and sea navigation. Man pioneered the facilities and with the passage of time these generated increased travel for a variety of reasons including wander lust, conquest, gain for riches, propagation of religion and for pilgri­ mage. Travel in the distant past was not a thing of plea- 2 sure and enjoyment as is the cese now. It was full of danger and people could go on their own risk. The hazards of travel were enormous and these often meant death caused by wild animals, marauders, inclement weather , sickness and lack of food and water. In due course other urges, other motivations made man travel from one place to another. The primary motive for which travel was undertaken related to trade and commerce and activities associated with it. The traveller in this period was thus a trader and a metchant looking for merch­ andise and engaging in trade and commerce. There wes however another type of traveller whose motive was other than trade and commerce. This traveller w?s a pilgrim, a scholar in search of ancient text and a curious wayfarer looking forward to nev/ and exciting experiences. Seeking knowledge was his primary objective. There v;as no prohibition for individuals on moving from place to place and country to country . The cumbersome procedure as we witness in travel today were not to be found in those days. No travel formalities exsisted and travel was a simple affair. Tr?de and commerce wes however, the strongest force at that time. It made people travel to distant lands in order to seek fortunes. The invention of money by Sumerians (aaiaylonia ) and subsequent development of trade and coiamerce is considered to be the most sign­ ificant development of the time which paved the way for the growth and organisation of international travel. Gradually the opening of new trade routes gave a big thirust to travel. Travellers from far off lands started moving abouc in large numbers and visited many distant places for the purpose of commerce. With the opening of new trede routes international tr?>vel bec-^me easier and rather more regulated. At the market places travellers made contacts with each other which resulted in incre­ ased flow of trade and cocr.merce. Trade relations gradually natured into cultural relations which became the basis of better underfetanding of each other's way of life. Some of the earliest travellers probably, were the Phoenicians.They were perhaps the first reel traveller in the modem sense as they travelled from place to place as traders. i-arly travel in the Crient particularly in India and China was also largely based on trade and con-merce. Travel to India in particular was undertaken from allover the ancient world. This was for a variety of reasons. The most important among them being trade and commerce. India and China enjoyed the reputation of being countries of fabulous wealth where trade and commerce flourished. There are enough historical evidences which suggest that Indian merchants have gone to various parts of the world to develope economic and ccirjr.ercial relations.
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