From Vitoria to Kant: a genealogy of ius migrandi

In recent years, a meticulous historiography has aimed to revive the concept of ius migrandi as a universal right to migration, rooted in the legacy of ius peregrinandi and liberated from the constraints of territoriality and sovereignty. When individuals are not compelled to move due to uncon- trollable circumstances, they possess the right to leave one land and pursue their life goals elsewhere. Ius migrandi embodies the inherent legal potential of human beings, representing the culmination of a disrupted line of reasoning that emerged in sixteenth-century legal thought and an even older culture of hospitality that has gradually diminished over time. This contribution seeks to trace this trajectory, starting from Francisco De Vitoria’s concept of ius com- municationis to Kant’s notion of Besuchsrecht, and emphasising ius migrandi as a third approach to exploring the legal implications of the migration issue in a comprehensive manner. It seeks to transcend the imposed division between emi- gration and immigration and bring the more widely recognised principles of ius sanguinis and ius soli into the background. Finally, we will outline Emer de Vattel’s insights and his proposal of a “right to inhabit” as a more authentic (and very suggestive) translation of ius migrandi in all its unity.