Article: Freedom of movement, sovereignty, and the Third World in postwar international law (1948-1968) Journal: International Journal of Migration and Border Studies (IJMBS) 2026 Vol.9 No.6 pp.76 - 96 Abstract: This article examines how actors from the decolonised periphery - including delegates from Latin America, India, Lebanon, and the Philippines - helped articulate and defend freedom of movement in international law between 1948 and 1968. Drawing on <i>travaux préparatoires</i>, UN debates, and legal commentary, it traces the contested codification of internal movement, exit, and return in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights. While postcolonial advocacy proved decisive in shaping the formulation of these rights, their scope was constrained by limitations, uneven ratification, and interpretive practices that enabled selective enforcement. The article argues that freedom of movement emerged as a qualified achievement: a norm forged through negotiation and entanglement, yet structurally vulnerable to geopolitical instrumentalisation and postcolonial migration control. Adopting a TWAIL-informed lens, it highlights how sovereignty arguments operated as techniques for preserving imperial discretion within a formally universal human rights order. Inderscience Publishers - linking academia, business and industry through research

Title: Freedom of movement, sovereignty, and the Third World in postwar international law (1948-1968)

Authors: Sara Cosemans

Addresses: KU Leuven – Research Foundation Flanders (FWO), Blijde Inkomststraat 21 Bus 3303, B-3000 Leuven, Belgium

Abstract: This article examines how actors from the decolonised periphery - including delegates from Latin America, India, Lebanon, and the Philippines - helped articulate and defend freedom of movement in international law between 1948 and 1968. Drawing on travaux préparatoires, UN debates, and legal commentary, it traces the contested codification of internal movement, exit, and return in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights. While postcolonial advocacy proved decisive in shaping the formulation of these rights, their scope was constrained by limitations, uneven ratification, and interpretive practices that enabled selective enforcement. The article argues that freedom of movement emerged as a qualified achievement: a norm forged through negotiation and entanglement, yet structurally vulnerable to geopolitical instrumentalisation and postcolonial migration control. Adopting a TWAIL-informed lens, it highlights how sovereignty arguments operated as techniques for preserving imperial discretion within a formally universal human rights order.

Keywords: freedom of movement; sovereignty; Third World; international law; TWAIL; Universal Declaration of Human Rights; UDHR; International Covenant on Civil and Political Rights; ICCPR; Latin America; Middle East; South(east) Asia; Cold War; decolonisation; postcolonial advocacy.

DOI: 10.1504/IJMBS.2026.156397

International Journal of Migration and Border Studies, 2026 Vol.9 No.6, pp.76 - 96

Received: 26 Jun 2025
Accepted: 27 May 2026
Published online: 16 Sep 2026 *

Title: Freedom of movement, sovereignty, and the Third World in postwar international law (1948-1968)

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