Freedom of Movement

What are libertarian open borders advocates even advocating for? Is it, as the title to Michael Huemer’s influential essay suggests, a prima facie “right to immigrate”? Or is it, as the branding connotes, literal open borders, or a strong prima facie moral right to free movement across borders that entails a right to immigrate? In this paper, I peel apart the view that people have a strong moral right to freely cross international borders, or "open access," from the view that (...) non-citizens have a right to immigrate, which I will call "open residence." As radical as open residence is, open access is even more extreme; so whether open borders ideology commits one to open access matters to its plausibility. At times it can seem that libertarian open borders advocates, by emphasizing our prima facie right to free movement, call for open access. Nonetheless, I suggest that libertarian open borders advocates should content themselves with mere open residence, even though open residence is compatible with tight border controls and even border walls—policies which they might (rightly or wrongly) object to for independent reasons. (shrink)

This paper analyses the demands for abolishing passports after WWI. The international regime of obligatory passports, as it exists today, is a legacy of the Great War. After the Armistice, two Passport Conferences organized by the League of Nations considered its abolition. Before the second conference, a resolution of the Sixth Assembly of the League of Nations stated that "public opinion is certainly waiting for at least one step towards the most generalized abolition of the passport system ". Was this (...) just a diplomatic figure of speech, or is there really such an "expectation" to be found, for instance, in the press? If there was such an expectation in the press, what was the political orientation of the newspapers in favor of abolishing passports: was it left-wing? This article analyzes a corpus of over 600 articles published in the French press between the World Wars to show, firstly, that interest in the "abolition of passports" was not circumstantial. It's not because the League of Nations is discussing it that the press is discussing it - the opposite is true. The issue of the "abolition of passports" gave rise to a greater number of articles than the League’s "passport conferences". secondly, and more surprisingly, the newspapers that published the most articles on the abolition of passports were center-right and mostly regional. (shrink)

The Canadian Department of Citizenship and Immigration has recently proposed to make in-person citizenship ceremonies optional. These ceremonies are oaths of allegiances: naturalizing citizens swear loyalty to King Charles and obedience to the laws of Canada. The Department of Citizenship and Immigration proposes to allow naturalizing citizens to take these oaths by checking a box online rather than by taking part in an in-person ceremony. In this commentary, I argue that Canada should go much further. It should stop forcing naturalizing (...) immigrants to swear oaths of allegiance altogether. Such oaths create an unjust inequality between naturalized and natural-born citizens: they mean the former have much weightier political obligations than the latter. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a new (...) generation of Afghan boys and girls who will not see their fundamental human rights upheld by the very institutions that are supposed to protect them.​ -/- The Religious Recognition Project considers the topic of how countries register religious groups and activities is one of the foremost issues in the modern world when it comes to respecting and protecting freedom of religion or belief (FoRB). The majority of countries and territories (58% or 137 out of 235 studied) either continue to make government registration mandatory for religious groups or provide no registration procedures at all. -/- An even greater majority of countries have established onerous registration procedures, the consequences of which, whether by intention or not, include the disenfranchisement of belief communities, the deregistration or denial of registered status for minority or "untraditional" religious groups, and the state's maintenance of control over the religious and philosophical lives of citizens. In essence, issues of registration remain a harbinger of worse violations of FoRB to come so if a focus is placed on dismantling these misused recognition and registration systems, it is possible that we could see a brighter future for FoRB conditions in countries worst effected by this issue. (shrink)

Through engagement with key informants and review of ethical theories applicable to refugee policy, this paper examines the ethical and policy considerations that policy-level stakeholders believe should factor into setting the refugee resettlement ceiling. We find that the ceiling traditionally has been influenced by policy goals, underlying values, and practical considerations. These factors map onto several ethical approaches to resettlement. There is significant alignment between U.S. policy interests and ethical obligations toward refugees. We argue that the refugee ceiling should be (...) restored to historical norms, and that there exists a corresponding obligation to counter negative public perceptions about refugees and the costs of resettlement. (shrink)

Governments around the world have faced the challenge of how to respond to the recent outbreak of a novel coronavirus disease. Some have reacted by greatly restricting the freedom of citizens, while others have opted for less drastic policies. In this paper, I draw a parallel with vaccination ethics to conceptualize two distinct approaches to COVID-19 that I call altruistic and lockdown. Given that the individual measures necessary to limit the spread of the virus can in principle be achieved voluntarily (...) as well as through enforcement, the question arises of how much freedom governments ought to give citizens to adopt the required measures. I argue that an altruistic approach is preferable on moral grounds: it preserves important citizen freedoms, avoids a number of potential injustices, and gives people a much-needed sense of meaning in precarious times. (shrink)

This short article lays the foundation for a theory of migratorial disobedience and explains how pro-border advocates fetishize immigration law.

Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes autrement (...) en situation régulière. La France, située en tête de classement en matière d’obligations de quitter le territoire et en fin de classement en matière d’immigration professionnelle, représente un cas d’école parmi les pays de l’Union Européenne. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

Jurisdictionism offers a new rationale for restricting immigration. Immigrants impose new obligations on the people whose territories they enter. Insofar as these obligations are unwanted, polities are justified in turning immigrants away, so long as the immigrants are from a country that respects their rights. The theory, however, employs a flawed account of obligation, which overlooks how we can be obliged to take on new duties to immigrants. Jurisdictionism also employs different standards when determining whether an obligation exists, only one (...) of which is sensitive to consequences. Finally, the theory falsely claims that obligations necessarily reduce the freedom of the obliged. (shrink)

This paper argues that by overestimating the importance of citizenship rights, the ethics of immigration turns away from the more serious problem of closed borders. Precisely, this contribution is a threefold critique of Carens’ idea that "justice requires that democratic states grant citizenship at birth to the descendants of settled immigrants" (Carens, 2013: 20). Firstly, I argue that by making 'justice' dependent on states and their attributes (birthright citizenship), this idea strengthens methodological nationalism which views humanity as naturally divided into (...) bounded nation-states. Secondly, I analyze its justification and argue that grounding (citizenship) rights on the existence of social connections is logically and morally problematic. Thirdly, I analyze its scope (granting rights to the descendants of the ‘settled’) and its method of implementation (granting citizenship rights automatically ‘at birth’). While from a less sedentarist perspective, no one can be considered ‘settled’ in advance, I will express some doubts that granting citizenship rights is always automatically a way to extend people’s rights. All in all, I argue that by its justification, scope and method of implementation, this idea moves us away from, rather than gets us closer to, an open-borders world. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...) sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

If migration is more effective than aid for fighting poverty, should it replace aid? Not always. This article proposes a criterion that may be used to distinguish between cases where migration should serve as a substitute for development assistance and cases where it should supplement such aid. According to this criterion, development agendas are poverty-efficient when they lift the largest possible number of people out of poverty. Therefore, to be poverty-efficient, development agendas should always aim to complement aid with policies (...) for pulling people out of poverty. Development assistance that is not poverty-efficient should be abandoned and replaced by migration and other policies that can effectively fight poverty. (shrink)

Au regard du vieux débat sur la « fuite des cerveaux », le devoir de promouvoir le développement des pays pauvres semblait incompatible avec le droit humain à l’émigration. A l’encontre de cette idée, Jagdish Bhagwati a proposé dans les années 70 une mesure qui permettait au personnel qualifié de quitter les pays pauvres, tout en taxant leur revenu au bénéfice de leurs pays d’origine. Cet article discute (et rejette) trois justifications possibles de la taxe Bhagwati. Il conclut qu’une telle (...) mesure ne peut être défendue ni comme une compensation pour ce que le pays aurait gagné si les diplômés n’avaient pas émigré, ni comme une obligation de réciprocité basée sur l’investissement dans l’éducation, ni comme une mesure de diminution de l’inégalité entre les opportunités des migrants et de ceux qui restent au pays. Si la mobilité géographique va de pair avec la mobilité sociale, taxer les migrants revient à taxer la mobilité sociale, plutôt que les hauts revenus eux-mêmes. (shrink)

Brain drain critiques and human rights advocates have conflicting views on emigration. From a brain drain perspective, the emigration harms a country when emigrants are skilled and the source country is poor. From the human rights perspective, the right "to leave any country, including one's own" is a fundamental right, protected for all, whatever their skills. Is the concern with poverty and social justice at odds with the right to emigrate? At the beginning of the l970s, the economist Jagdish Bhagwati (...) replied in the negative. He imagined a tax on the income earned by the skilled migrants in the destination country, to the benefit of the source country. He thus sought to reconcile the right to emigration and the brain drain effects. -/- This article argues that there is no need to tax skilled migrants in order to reconcile the right to emigration and social justice. Social justice is not incompatible with the right to emigration but rather with restrictions on mobility. If it is both the case that equal opportunities are a minimal requisite for social justice, and that access to opportunities implies freedom of movement, as I shall argue, then the brain drain criticism doesn't satisfy the minimal requirements of social justice. -/- The article is divided into three parts. Each part rejects one of the possible justifications of the Bhagwati tax, that is, as a way, for skilled migrants, (i.) to compensate the welfare loss occasioned to their country of origin; (ii.) to discharge for their obligation to the national community when it publicly financed their education; and (iii.) to compensate for the resulting inequality of opportunities between themselves and their non-migrant compatriots. (shrink)

It is often argued that development aid can and should compensate the restrictions on migration. Such compensation, Shachar has recently argued, should be levied as a tax on citizenship to further the global equality of opportunity. Since citizenship is essentially a ‘birthright lottery’, that is, a way of legalizing privileges obtained by birth, it would be fair to compensate the resulting gap in opportunities available to children born in rich versus poor countries by a ‘birthright privilege levy’. This article sets (...) out a defence of three theses. The first states that equality of opportunity is incompatible with, and cannot be achieved in, segregated territories. The second posits that to believe that material equality compensates the injustice of restrictions on movement is to commit a ‘sedentarist mistake’. The third affirms that any citizenship levy, including the egalitarian and non-sedentarist formula I’m proposing, would be better understood as a penalty rather than a tax. (shrink)

This article is devoted to analysing the ethical commitments underlying research methodology on “brain drain” and leading participants in the public debate to deny the human right of emigration for skilled persons. Here, we identify five such commitments : to consequentialism, prioritarianism and nationalism, we add sedentarism and elitism. Based on this analysis, we argue that even though the emigration of the most talented would be a loss for the country of origin, this loss is not sufficient to require that (...) migrants themselves compensate it – either by tax payments (e.g. Bhagwati’s tax proposal) or by not exercising their right to emigrate. Moreover, to interpret public investment in education as the source of migrants’ further obligations to their country is to view education rather as a source of dividends than an access to opportunity that present generations owe to futures ones. (shrink)