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  1. Saving Migrants’ Basic Human Rights from Sovereign Rule.Lukas Schmid - 2022 - American Political Science Review:1-14.
    States cannot legitimately enforce their borders against migrants if dominant conceptions of sovereignty inform enforcement because these conceptions undermine sufficient respect for migrants’ basic human rights. Instead, such conceptions lead states to assert total control over outsiders’ potential cross-border movements to support their in-group’s self-rule. Thus, although legitimacy requires states to prioritize universal respect for basic human rights, sovereign states today generally fail to do so when it comes to border enforcement. I contend that this enforcement could only be rendered (...)
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  • The objective stance and the boundary problem.Carla Bagnoli - 2021 - European Journal of Philosophy 29 (3):646-663.
    European Journal of Philosophy, Volume 29, Issue 3, Page 646-663, September 2021.
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  • Planetary Ethics: Rereading Seyla Benhabib in the Age of Climate Refugees.Odin Lysaker - 2023 - Jus Cogens 5 (2):171-194.
    In the Anthropocene, humans are drastically impacting the Earth system. Though the numbers are disputed, millions of climate refugees might soon appear worldwide due to, for example, rising sea levels. To better tackle these intertwined ecological and migrational crises, I expand on Seyla Benhabib’s theoretical legacy by discerning within it a multidimensional framework containing mutually intersecting moral, legal, and political dimensions. Within this framework, I argue, Benhabib approaches the issue of climate refugees from three different yet supplementary discourses. From her (...)
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  • Authority and Coercion Beyond the State? The Limited Applicability of Legitimacy Standards for Extraterritorial Border Controls.Ludvig Beckman - 2024 - Jus Cogens 6 (2):141-160.
    Extraterritorial border controls prevent migrants from arriving at the territory of the state and effectively undermine rights to apply for asylum and protections against non-refoulement. As a result, a wealth of scholarship argues that external border controls are illegitimate exercises of state power. This paper challenges two versions of this argument, first, the claim that carrier-sanctions are illegitimate because they subject migrants to morally impermissible forms of coercion and, second, the claim that carrier-sanctions are illegitimate because they subject migrants to (...)
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