A Significant percentage of the people outside their country of citizenship or residence who are unable to meet their basic needs on their own, and need international protection, do not fall under the definition set out in the UN Refugee Convention. This has led many - both academic commentators and activists - to call for a new, expanded refugee definition, preferably backed up by a new, binding, international convention. In earlier work I have resisted this call, arguing that there is (...) good reason to pick out a sub-stet of those in need of international aid - a set that largely, if not completely, corresponds to those picked out by the Refugee Convention - for special benefit and protection. However, even if Convention refugees are in some ways special, we are left with the question of what, if anything, is owed to those in need of aid who are not Convention refugees. In this chapter, I set out philosophical foundations for so-called complementary protection, and show how this may and should apply to people in need of international aid who are not Convention refugees. (shrink)

The movement of people across borders is one of the most pressing issues of our time. Yet it is still unclear how migration should be regulated to be fair to the sending societies, the host societies and the individual migrant. What is at issue? Are we discussing migration from an ethical or from a political philosophical perspective, or both? Are we discussing migration from a global justice perspective or social justice perspective? Do we consider political legitimacy and democratic self-determination as (...) part of our analysis? How should we balance demands of justice in immigration compared to those of emigration? (shrink)

What is special about refugees? In this paper, I argue that the two main accounts of who should count as a refugee have major shortcomings. The first, based on protection from persecution, is too n...

Many affluent states seek to discharge their responsibilities to refugees through extraterritorial policies, which limit the number of refugees that they admit whilst contributing to protection in...

Politics, Philosophy & Economics, Volume 21, Issue 3, Page 313-344, August 2022. This paper discusses why and how public attitudes should matter in regulating asylum and refugee protection in rich democracies, with a focus on Europe. Taking a realistic approach, I argue that public views constitute a soft feasibility constraint on effective and sustainable policies towards asylum seekers and refugees, and that a failure to take seriously and understand the attitudes of the host country’s population can have a very damaging (...) effect on refugee protection and migrants’ rights in practice. Bringing together insights from political philosophy, the politics of asylum, and research on public attitudes, I develop my argument by discussing why ‘what the people think’ should matter in asylum and refugee polices; how public views can and should matter given the well-known challenges with measuring attitudes and policy preferences; and what the prevailing public views might mean for the reform of asylum and refugee policies in Europe. (shrink)

In the scholarly debate, refugeehood is often understood to arise from a special need for basic protection, i.e., for protection of basic needs and rights. However, the main definitions of refugeehood shift to duties when aiming to develop this view. Either, refugees are defined as all those individuals who can receive basic protection from the international community, and thus arguably ought to be protected, or refugees are defined as all those to whom a special form of protection, namely protection by (...) admission is owed. The paper argues that either definition is incompatible with a commonsense desideratum on consistent and plausible criteria for refugeehood, since these definitions imply that refugeehood depends partly on the capacities of protecting states and on the needs of third parties. Instead, refugeehood is defined by the need for basic protection and by flight aiming to remedy this condition. (shrink)

Many contributions to the philosophical debate about conceptual and normative issues raised by the refugee crisis fail to take properly account of the difference between ideal and nonideal theory. This makes several otherwise interesting and apparently plausible contributions to the philosophy of the refugee crisis problematic. They are problematic in the sense that they mix up ideal and nonideal aspirations and assumptions in an incoherent way undermining the proposed views. Two examples of this problem are discussed. The first example is (...) David Miller’s contribution to the conceptual debate about how we should understand refugeehood. The second example is a common argument from the normative debate about how states should discharge their duties to help refugees, namely the claim that states should help in neighboring countries rather than by taking in more asylum seekers. Both are examples of arguments about how we should understand or respond to the refugee crisis, which appear to offer coherent principles for the moral guidance of political actors but which are actually incoherent as principles of practical reasoning for the context they aim to address. (shrink)

ABSTRACTPeople smugglers help transport migrants across international borders without authorization and in return for compensation. Many people object to people smuggling and believe that the smuggling of migrants is an evil trade. In this paper, I offer a qualified defense of people smuggling. In particular, I argue that people smuggling that assists refugees in escaping threats to their rights can be morally justified. I then rebut the objections that people smugglers exploit migrants, have defective motivations, and wrongly violate the law. (...) My conclusion is that people smuggling is sometimes a permissible way of helping refugees to evade unjust immigration restrictions and compelling states to bear their fair share of the global refugee population. (shrink)

In the face of the desperate plight of refugees, virtually all moral and political philosophers, regardless of their general position on immigration controls, argue that states have a duty to grant asylum: people must not be turned back to countries where they would face persecution or severe human rights violations. Yet this consensus obscures a number of thorny ethical issues raised by the plight of the displaced. In this piece, I want to draw from recent writing in political and ethical (...) theory to bring some of these issues into view. I start by considering what a refugee is, before turning to the question how the obligations of political communities to the displaced are grounded. I then move to consider what societies owe to refugees and the question of international justice in the allocation of asylum. I conclude with a discussion of the moral responsibilities of refugees themselves. (shrink)

Journal of Social Philosophy, EarlyView.

This paper examines the responsibilities of states to assist and to receive stateless people who are forced to leave their state territory due to rising seas and other unavoidable climate change impacts and the rights of ‘climate refugees’ to choose their host state. The paper employs a praxeological method of non-ideal theorising, which entails identifying and negotiating the unavoidable tensions and trade-offs associated with different framings of state responsibility in order to find a path forward that maximises the protection of (...) climate refugees within the constraints imposed by political feasibility. It argues that the responsibility of states to support climate refugees through financial and technical assistance should be treated separately from their responsibility to receive them. The former is a differentiated responsibility grounded in the ability to pay principle, or relative capability, while the latter is a common responsibility grounded in the fact that all states have causally contributed to their plight, albeit in varying degrees which cannot be, and need not be, precisely determined. A common state ‘responsibility to receive’ is linked with a right on the part of climate refugees to choose their host to suit their circumstances, which would provide a form of partial compensation for the injustice and trauma of their loss and damage. This right is expected to become more viable, and the political willingness of states to receive them more likely, the more that climate refugees are assured of adequate support for resettlement according to states’ differentiated responsibilities to assist. (shrink)

The current practices of refugee protection refugees largely leave the burdens of the refugee regime to lie where they fall. Those states which are geographically proximate to refugee-producing regions, already amongst the least advantaged, bear the bulk of these burdens. In this paper, I critically assess two proposals which seek to address this maldistribution: a market in asylum services and a principle of comparative advantage. I argue that from the standpoint of justice, these proposals share two objectionable features. First, they (...) enable relations of domination between states, because they ignore the background relations of inequality upon which they depend for their effectiveness. Second, they institute an injustice of ‘misframing,’ in that they preclude consideration of refugees’ legitimate claims to be hosted (or not to be hosted) in a particular state. The failings of these approaches are illuminating and, I argue, provide us with some theoretical desiderata for a positive account of justice in the distribution of responsibilities to refugees. (shrink)

Facilitating access to asylum and other forms of refugee protection for the millions displaced by mass atrocities in Syria and Iraq is essential to the implementation of the international norm of the Responsibility to Protect. This responsibility, however, has been disproportionately shouldered by several states in the Middle East and Europe. This article explores the challenges associated with refugee responsibility-sharing in the context of RtoP and draws on work in climate justice and political realism to articulate a framework for integrating (...) culpability as a key criterion in allocating states’ responsibilities to protect refugees. An empirical and normative assessment of U.S. responsibilities to protect refugees in the cases of conflict-induced displacement in Syria and Iraq outlines several potential paths of culpability. The article ultimately argues for greater attention to culpability, equity, and legitimacy within the discourse surrounding RtoP and refugee protection. The article also advocates linking the benefits of refugee responsibility-sharing with states’ national interests and highlights several such links with regard to U.S. responsibilities in Syria and Iraq. (shrink)