The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

In this article, I consider the neglected question of justice between states in the distribution of responsibility for refugees. I argue that a just distribution of refugees across states is an important normative goal and, accordingly, I attempt to rethink the normative foundations of the global refugee regime. I show that because dismantling the restrictive measures currently used by states in the global South to prevent the arrival of refugees will not suffice to ensure a just distribution of refugees between (...) states, a more detailed account of how responsibilities should be shared between states is required. To this end, I make three claims. First, I argue that the definition of ‘refugee’ must be broadened beyond those subjected to persecution to include harms of action or omission by states that seriously jeopardise personal security or subsistence needs. Second, I argue that allocating a fair share of refugees to states should be based on state’s integrative capacities. Finally, I argue that distributive justice between states must be balanced against the legitimate interests of refugees in their destination country and the duty of states to ensure they are settled in places where they are likely to flourish. (shrink)

Many of us take it for granted that states have a right to control the entry and settlement of non‐citizens in their territories, and hardly pause to consider or evaluate the moral justifications for immigration controls. For a long time, very few political philosophers showed a great deal of interest in the subject. However, it is now attracting much more attention in the discipline. This article aims to show that we most certainly should not take it for granted that states (...) enjoy a moral right to exclude would‐be immigrants. It is neither obvious nor uncontroversial. And if we cannot find adequate justifications for the existence of such a right, then we need to re‐evaluate the very backbone of current approaches to immigration policy. The paper begins with an overview of the existing academic debate about the extent of the right to freedom of movement. Next it introduces three arguments in support of the state’s right to exclude would‐be immigrants which draw on claims about the collective right to self‐determination. Finally it outlines three important challenges faced by these arguments in support of the state’s right to exclude. (shrink)

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all (...) who are unable to meet their basic needs on their own as ‘refugees’, and to extend to them the sorts of protections established under the United Nations Refugee Convention. Such an approach would expand the traditional refugee definition significantly. Unlike most academic commentators discussing this issue, I reject calls for an expanded refugee definition, and instead defend the core elements of the definition set out in the 1967 Protocol to the United Nations Refugee Convention. Using the tools of moral and political philosophy, I explain in this article how the group picked out by this definition has particular characteristics that make refugee protection distinctly appropriate for it. While many people in need of assistance can be helped ‘in place’, in their home countries, or by providing a form of temporary protected status to them, this is not so, I show, of convention refugees. The group picked out by the UN refugee definition is a normatively distinct group to whom we owe particular duties, duties we can only meet by granting them refuge in a safe country. Additionally, there are further practical reasons why a broader refugee definition may lead to problems. Finally, I argue that rejecting the call for a broader definition of refugees will better help us meet our duties to those in need than would an expanded definition. (shrink)

Which of the two dominant arguments for duties to alleviate global poverty, supposing their premises were generally accepted, would be more likely to produce their desired outcome? I take Pogge's argument for obligations grounded in principles of justice, a "contribution" argument, and Campbell's argument for obligations grounded in principles of humanity, an "assistance" argument, to be prototypical. Were people to accept the premises of Campbell's argument, how likely would they be to support governmental reform in policies for international aid, or (...) to make individual contributions to international aid organizations? And I ask the same question, mutatis mutandis, for Pogge's argument. (shrink)

Wars and crises worldwide force millions of people to flee and seek refuge, often outside their countries of origin. What moral responsibilities do states have towards refugees? In this Ethical Annotation, Dr Jos Philips and his co-authors zoom in on the responsibilities of EU countries. They consider arguments in favour of and against admitting refugees and argue that EU countries must do at least at much as they can do at little cost, and perhaps even more.

It is widely believed that immigrants, after some time, acquire a claim to naturalize and become citizens of their new state. What explains this claim? Although existing answers (may) succeed in justifying some of immigrants' rights claims, they cannot justify the claim that immigrants are owed the opportunity to naturalize because these theories lack a sufficiently rich account of the purpose of citizenship. To fill this gap, I offer a novel egalitarian account of citizenship. Citizenship, on this account, partially protects (...) immigrants against social hierarchy by realizing social equality in a publicly accessible manner. This explains claims to naturalize. (shrink)

What is political about political refugeehood? Theorists have assumed that refugees are special because their specific predicament as those who are persecuted sets them aside from other “necessitous strangers.” Persecution is a special form of wrongful harm that marks the repudiation of a person's political membership and that cannot—contrary to certain other harms—be remedied where they are. It makes asylum necessary as a specific remedial institution. In this article, I argue that this is correct. Yet, the connection between political membership, (...) its repudiation, and persecution is far from clear. Drawing on normative political thought and research on autocracies, repression, and migration studies, I show that it is political oppression that marks the repudiation of political membership and leads to various forms of repression that can equally not be remedied at home. A truly political account moves away from persecution and endorses political oppression as the normative pillar of refugeehood and asylum. (shrink)

Our research aimed to study the ongoing phenomena of cross-border displacement of the Ukrainian population resulting from the Russian aggression that started on the 24th of February 2022. In the first stage of this research, we managed to get the opinions of over 500 refugees with a focus on their needs, concerns, plans, and expectations. Collected data also allowed a reconstruction of social-demographic profiles of fleeing Ukrainian refugees. The preliminary outcomes are presented in the report.

This paper sets out a research agenda for a political theory of climate displacement, by critically examining one prominent proposal—the idea of a normative status for ‘climate refugees’—and by proposing an alternative. Drawing on empirical work on climate displacement, I show that the concept of the climate refugee obscures the complexity and heterogeneity of climate displacement. I argue that, because of this complexity and heterogeneity, approaches to climate displacement that put the concept of the climate refugee at their centre will (...) fail to treat like cases alike and relevantly different cases differently. In response to these failings, I outline an alternative—the pluralist theory of climate displacement—which confronts the specific challenges that climate displacement poses in different practical and institutional contexts, whilst also treating climate displacement as a unified phenomenon at the second-order level of burden-sharing. (shrink)

Approaching the settlement of our Moon from a practical perspective, this book is well suited for space program planners. It addresses a variety of human factor topics involved in colonizing Earth's Moon, including: history, philosophy, science, engineering, agriculture, medicine, politics & policy, sociology, and anthropology. Each chapter identifies the complex, interdisciplinary issues of the human factor that arise in the early phases of settlement on the Moon. Besides practical issues, there is some emphasis placed on preserving, protecting, and experiencing the (...) lunar environment across a broad range of occupations, from scientists to soldiers and engineers to construction workers. The book identifies utilitarian and visionary factors that shape human lives on the Moon. It offers recommendations for program planners in the government and commercial sectors and serves as a helpful resource for academic researchers. Together, the coauthors ask and attempt to answer: “How will lunar society be different?”. (shrink)

In the current framework of international protection, refugees almost invariably live in states where they hold no formal political status: they cannot vote, they cannot run for office, and they mu...

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically dist...

Most theorists working on moral obligations to refugees conceive of western states as innocent bystanders with duties to aid refugees if they can do so at little cost to themselves. This paper challenges this dominant theoretical framing of global displacement by highlighting for the first time certain practices of western states in response to refugee flows such as border violence, detention, encampment and containment which may make us question whether states who engage in such practices are indeed innocent. This paper (...) provides the first normative analysis of these practices by seeking to classify them as either doing or allowing harm and invoking the fundamental moral imperative central to core common moral commitments - not to harm innocent people - to suggest that certain western states are not merely failing to aid refugees and allowing harm to come to them, but are instead responding to their calls for aid by harming them. (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...

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)

This chapter lays out what we take to be the main types of justice and ethical challenges concerning those adverse effects of climate change leading to climate-related Loss and Damage (L&D). We argue that it is essential to clearly differentiate between the challenges concerning mitigation and adaptation and those ethical issues exclusively relevant for L&D in order to address the ethical aspects pertaining to L&D in international climate policy. First, we show that depending on how mitigation and adaptation are distinguished (...) from L&D, the primary focus of policy measures and their ethical implications will vary. Second, we distinguish between a distributive justice framework and a compensatory justice scheme for delivering L&D measures. Third, in order to understand the differentiated remedial responsibilities concerning L&D, we categorise the measures and policy approaches available. Fourth, depending on the kind of L&D and which remedies are possible, we explain the difference between remedial and outcome responsibilities of different actors. [Open access]. (shrink)

ABSTRACTOn 4 September 2015 asylum seekers who got stranded in Budapest’s Keleti train station began a march to cross the Austrian border. Their aim was to reach Germany and Sweden where they believed their asylum claims would be better received. In this article, I argue that the march should be characterized as an act of civil disobedience. This claim may seem to contradict common convictions regarding acts of civil disobedience as well as asylum seekers. The most common justifications are given (...) with reference to moral rights of citizens and concerns for enhancing justice or democracy within states. Asylum seekers are not members of the European public. How can they be entitled to break the law? I first show that the march displays features of a paradigm case of civil disobedience. Then, I identify moral reasons for asylum seekers to carry out the march acceptable from both strong and weak cosmopolitan perspectives. After that, I point out its corrective, stabilizing and democracy-enhancing roles in the European political landscape. I conclude by emphasizing that conceptualizing the march as an act of civil disobedience is significant in recognizing asylum seekers as political agents making claims within an evolving framework of refugee protection. (shrink)

This paper examines potential responses to emerging ‘climate refugee’ justice issues. ‘Climate refugee’ describes migrants forced to flee their homeland due to losses and damages brought about by events linked to global climate change. These include losses and damages due to extreme weather events, severe droughts and floods, sea-level rise, and an array of pollutant contamination issues. A paradigm case if climate refugeedom is seen in the influx of Peruvian immigrants into various North American cities; seeking asylum after losing access (...) to water and agricultural resources after heavy metals were released through rapid glacial melting and contaminated these necessities in recent years. -/- The main discussion begins with a sketch of the scientific picture of the causal genesis of the apparently worsening “climate refugee crisis” and a concise discussion of new climate science research methods, Probabilistic Event Attribution studies (PEAs), that many agree can be used to determine the liability of certain countries for particular extreme events due to climate change (§1). Against that background, and after providing clarifications regarding the distinction between ‘climate refugee’ and ‘environmental refugee’ (§2), I then discuss key ethical and political issues that are unique to climate refugee cases (§3). Subsequently, I critically assess options for helping climate refugees through existing institutions (§4). I endorse pursuing responses to the most pressing climate refugee problems through the provisions for addressing climate change “losses and damages” in the 2016 UN Framework Convention on Climate Change, “Paris Agreement”; which outlines “risk sharing” protocol that I contend can be used to help climate refugees who are not currently subject to existing UN policies designed to help other types of refugees (e.g. those fleeing from persecution or war). I conclude by outlining a number of ways that PEAs may aid in effectively implementing those losses and damages provisions. (shrink)

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (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)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? My answer turns (...) on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

The current international asylum regime recognizes only persecuted persons as rightful asylum applicants. The Geneva Convention and Protocol enumerate specific grounds upon which persecution is recognized. Claimants who cannot demonstrate a real risk of persecution based on one of the recognized grounds are unlikely to be granted asylum. This paper aims to relate real-world practices to normative theories, asking whether the Convention’s restricted preference towards persecuted persons is normatively justified. I intend to show that the justifications of the persecution criterion (...) also apply to grounds currently lacking recognition. My main concern will be persecution on the grounds of gender.The first section introduces the dominant standpoints in theories of asylum, which give different answers to the question of who should be granted asylum, based on different normative considerations. Humanitarian theories base their claims on the factual neediness of asylum-seekers, holding that whoever is in grave danger of harm or deprivation should be granted asylum. Political theories base their justifications on conceptions of legitimacy and membership, holding that whoever has been denied membership in their original state should be granted asylum. Under political theories, Matthew Price’s theory will be discussed, which provides a normative justification of the currently recognized persecution criterion. The second section provides a descriptive definition of persecution based on Kuosmanen, and evaluates the normative relevance of the different elements of this definition based on the theories presented previously. The third section is devoted to the examination of the normative justifiability of the nexus clause’s exclusive list of the bases upon which persons might be persecuted. The section argues that while the clause does not recognize that persecution might be based on gender, in fact many women experience harms based on gender that fulfil all the normatively relevant definitive conditions constituting persecution. The conclusion shows that although the current law’s preferences towards the persecuted are justifiable, the nexus clause’s limiting enumeration of grounds is not. This applies especially to the exclusion of gender as grounds for granting asylum.Article first published online: 21 DEC 2015. (shrink)

This paper sketches an account of reparative justice for climate refugees, focusing on total land loss due to sea-level rise. I begin by outlining the harm of this loss in terms of self-determination and cultural heritage. I then consider, first, who is owed these reparations? Second, who should pay such reparations? Third, in what form should the reparations be paid? I end with thoughts on the project of reparative justice more generally, arguing that such obligations do not depend upon a (...) perfect account of how reparations might be fulfilled; we simply have an obligation to shoot the arrow as close to the target as we can. (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)

This article considers the meanings attached to refugeehood, repatriation and liberal citizenship in the twentieth century. Refugees are those who have been unjustly expelled from their political community. Their physical displacement is above all symbolic of a deeper political separation from the state and the citizenry. ‘Solving’ refugees’ exile is therefore not a question of halting refugees’ flight and reversing their movement, but requires political action restoring citizenship. All three ‘durable solutions’ developed by the international community in the twentieth century (...) – repatriation, resettlement and local integration – are intended to restore a refugee's access to citizenship, and through citizenship the protection and expression of their fundamental human rights. Yet repatriation poses particular challenges for liberal political thought. The logic of repatriation reinforces the organization of political space into bounded nation–state territories. However, it is the exclusionary consequences of national controls over political membership – and through this of access to citizenship rights – that prompt mass refugee flows. Can a framework for repatriation be developed which balances national state order and liberal citizenship rights? This article argues that using the social contract model to consider the different obligations and pacts between citizens, societies and states can provide a theoretical framework through which the liberal idea of citizenship and national controls on membership can be reconciled. Historical evidence suggests that the connections in practice between ideas of citizenship and repatriation have been far more complex. In particular, debate between Western liberal and Soviet authoritarian/collectivist understandings of the relationship between citizen and state played a key role in shaping the refugee protection regime that emerged after World War II and remains in place today. Repatriation – or more accurately liberal resistance to non-voluntary refugee repatriation – became an important tool of Cold War politics and retains an important value for states interested in projecting and reaffirming the primacy of liberal citizenship values. Yet the contradictions in post-Cold War operational use of repatriation to ‘solve’ displacement, and a growing reliance on ‘state-building’ exercises to validate refugees’ returns demonstrates that tension remains between national state interests and the universal distribution of liberal rights, as is particularly evident when considering Western donor states’ contemporary policies on refugees and asylum. For both intellectual and humanitarian reasons there is therefore an urgent need for the political theory underpinning refugee protection to be closely examined, in order that citizenship can be placed at the centre of refugees’ ‘solutions’. ☆ The article is based on a paper given at a workshop on Citizenship organized by the Centre for History and Economics and held at Robinson College, Cambridge on 14–15 July 2008. It draws largely on archival research undertaken for my Ph.D., The Politics of Refugee Repatriation in the Twentieth Century, which was completed in July 2009 at the University of Cambridge. My particular thanks to Melissa Lane and Matthew Gibney for their help in developing these arguments, and to the archivists at UNHCR and the League of Nations Archives at UNOG. (shrink)

This paper discusses a recent turn in the ethics of refugee resettlement which involves taking the interests of refugees themselves into account in the distribution of refugees among potential refugee receiving countries. It argues that there is an important category of interest that does not align with the two commonly held views on what is owed to refugees: ‘safety’ or ‘conditions of a good life’. This category, focussing on the refugees’ interests in not being subjected to a variety of non-asylum-grounding (...) injustices, should, by default, take precedence in the assessment of the refugee-based reasons in refugee resettlement. The normative salience of this category – not being subjected to injustice – is illustrated with the help of the case of LGBTIQ+ refugees, and the kinds of injustices they may be subject to in countries that provide them with asylum. (shrink)

In Justice for People on the Move, Gillian Brock develops a promising, original account of migration justice. In her view, states have a robust (though conditional) right to self-determination, which includes a reasonably strong right to regulate migration. However, in order for these rights to be justified, three legitimacy requirements must be met. Most obviously, states must respect the human rights of their own citizens and the international state system itself must be legitimate. This latter condition also requires states to (...) do their part in sustaining a justified state system, which includes helping to alleviate “legitimacy gaps,” including significant human rights violations in other states. Brock uses this framework to address several pressing migration-related policy issues, including Muslim bans, the deportation of unauthorized migrants, temporary labor migration, and refugee protection. However, one topic is notably absent from her analysis: climate-related displacement. Some theorists insist that climate change migrants should not be considered refugees because they do not fit the standard definition of a refugee. In particular, climate migrants were displaced by droughts, floods, storms, or sea level rise rather than by war or persecution, and many are able to remain in their homes at present but will be forced to relocate at some point in the future. This paper explores the implications of Brock’s theory of migration justice for climate migration. I suggest that although her approach to refugee protection may initially appear to exclude climate migrants, her understanding of right to self-determination yields strong obligations to assist them. I take this to be a strength of her framework, which makes an important, albeit indirect, contribution to current debates on climate change migration. (shrink)

Asylum seekers are rarely treated with respect. This is perhaps especially true of institutions that adjudicate the extension of refugee status. In asylum interviews, those seeking refuge are sometimes asked to reveal deeply upsetting stories of their persecution while facing hostility and distrust from their interviewers. I argue that this arises from a failure to properly balance respect with fairness. A maximally fair scheme may not promote respect because ‘fairness-first’ systems require extensive information to make their judgements. A maximally respectful (...) system might be unfair: without any questioning, some may free-ride on the trust of others. This article argues that we often place too much emphasis on fairness to the detriment of respect, with a particular focus on the asylum interview. First, I outline the limited discussion of asylum interviews in political philosophy. Second, I consider striking a ‘dynamic balance’ between fairness and respect, as set out by Jonathan Wolff. Third, I argue that a highly idealised version of contemporary asylum interviews puts fairness first at the cost of respect. This fairness-first model leads to respect deficits in how asylum seekers are treated. Finally, I consider what a respectful asylum determination system might look like, offering three possible routes: civility, humility, and abolition. (shrink)

Under the 1951 Refugee Convention, there are two necessary conditions for refugeehood: a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion and alienage – that is, being outside of one’s country of nationality or habitual residence. In 1985 Andrew Shacknove famously argued that both of these conditions should be rejected. Shacknove’s paper prompted much debate about the suitability of the persecution condition, but his rejection of the alienage requirement has (...) received significantly less attention. In this paper I argue, against some recent defenders of the Convention, that Shacknove was right to claim that the alienage condition should be rejected. On my view, people who would be granted refugee status if they crossed a border, but who remain in their country of nationality, should also be eligible for refugee status. (shrink)

At the heart of the current debate about immigration we find a conflict of convictions. Many people seem to believe that a country has a right to decide who to let in and who to keep out, but quite often they appear equally committed to the view that it is morally wrong to expel someone from within the borders of their country if that would seriously jeopardise the person in question. While the first conviction leads to stricter border controls in (...) an attempt to prevent would‐be immigrants from entering the country illegally, the latter conviction ensures that aliens with a legitimate claim on protection will not be removed forcibly. It is not strange, therefore, that the task of pinning down a morally sound immigration policy is such an elusive enterprise.In this paper I take it for granted that no electorate would be prepared to accept the kind of policy they ought to, and that we in consequence will continue to let in as few immigrants as is currently the case. Given this constraint I argue against two common assumptions concerning a viable immigration policy. First, granted that certain conditions are satisfied, professional smugglers should not face legal sanctions for bringing asylum seekers to a potential host country. Second, countries that limit immigration should not treat people seeking family reunion preferentially or on a par with other immigrants, but rather act so as to maximise the number of refugees allowed to enter. (shrink)

The number of refugees in the world amounts to more than one percent of the entire world population. This essay is an attempt to think about this question and assess the literature that addresses it, especially from the standpoint of ethics and political theory, and a grounding in real-world problems. The paper is intended as an introductory discussion for those interested in the debates about who should qualify for refugee status, especially in light of the predicament of Central Americans fleeing (...) from the disorder. It pays special attention to the claim that the US has reparative obligations to Central American countries owing to US interventionist policies. (shrink)

It is widely accepted that states have a right to control immigration, but must accept refugees at risk in their home countries. If this is true, perhaps states have a right to deport refugees once their lives are no longer at risk in their home countries. I raise three types of arguments against this claim, and in support of refugees’ right to remain. Citizenship-based arguments hold that refugees have a right to obtain citizenship, and with citizenship comes the right to (...) remain. Plans-based arguments hold that refugees have a right to plan their lives, and they will struggle to plan without the right to remain. Reciprocity-based arguments hold that refugees have a right to reciprocal relationships with citizens, far easier if they know they can remain. I reject the first two arguments, and defend the third. (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)

When governments create refugee policies they consider several factors. There are reasons why admitting refugees could have negative consequences. On the other hand, if the recipient societies have ideals that stress the importance of helping other people, they should act according to their values. The aim of this article is to examine the concept of human dignity and show that European states should admit and help refugees because it is in accordance with their ethical values and the international agreements they (...) have signed. This is important because when European countries hesitate to help refugees, they act not only contrary to their humane tradition, but they can harm them. The western concept of human dignity is one of the main values that stresses that each person is important—that they are equal and free. (shrink)

This article explores normative questions about what legal rights settled immigrants should have in liberal democratic states. It argues that liberal democratic justice, properly understood, greatly constrains the distinctions that can be made between citizens and residents. The longer people stay in a society, the stronger their moral claims become, and after a while they pass a threshold that entitles them to virtually the same legal status as citizens and eventually easy access to citizenship itself.

Este artículo quiere ofrecer una visión general de lo que la justicia demanda respecto a la admisión de inmigrantes en Europa y en América del Norte si se aceptan dos presupuestos generales: un derecho general de los Estados a controlar la inmigración y el compromiso con los principios liberal-democráticos. El artículo argumenta que los Estados están moralmente constreñidos en cuanto a los tipos de criterios que pueden utilizar para excluir y seleccionar inmigrantes. En particular, normalmente no pueden utilizar criterios raciales (...) o étnicos en la selección. Más aún, los Estados tienen la obligación de admitir como inmigrantes a los parientes cercanos , o a los ya ciudadanos, a los residentes permanentes y tienen la obligación de aceptar a los refugiados que solicitan asilo. (shrink)

Journal of Social Philosophy, EarlyView.

What duties do people have in the face of noncompliance of others with their duties? The paper defends the duty to take up the slack when slack taking is necessary to assist those in dire need. This duty has been criticized by J. L. Cohen, Liam Murphy and, more recently, David Miller. The duty is defended against arguments that appeal to the structure of the duty to aid, fair shares, responsibility, counterintuitiveness, and perverse consequences. The paper considers the implications of (...) the duty for the case of aiding refugees. (shrink)

There are 43 million forcibly displaced people in the world, and they are categorized along a spectrum ranging from legal issues to humanitarian concerns for protection. Despite the complex efforts to provide protection to all those in need, the issues remain blurred and many fall through the cracks. The understanding of forced displacement needs to include aspects of personhood, and the example in John 4:4—26 highlights the possibility of a collective approach to understanding forced displacement as one that is rooted (...) in the notion and importance of the person. (shrink)

This paper argues that neither a general right to exclude migrants nor a general right to migrate freely exists. The extent of the right to exclude or the right to migrate freely must instead, in the majority of cases, be determined indirectly by examining whether a given immigration law or policy would result in the violation of migrants right to exclude migrants is constrained by what the author calls the indirect principle of freedom of migration. Under this principle, if an (...) immigration law or policy cannot be imposed without violating a migrant's basic rights, then the law or policy cannot be legitimately implemented. The argument for this principle is undertaken both conceptually and substantively. It is then defended against the objections that on the one hand, it may not have enough critical force, and on the other, it may be overly restrictive of states’ power to exclude migrants. (shrink)