[full article, abstract in English; abstract in Lithuanian] During the last few years, it has become usual to turn to some seventeenth century readings of the traditional idea of an original common possession of the earth for philosophical aid to explain and support the rights of persons in situations of extreme need, including refugees. Hugo Grotius’s conception of this idea is one of the most cited ones. In this paper, I hold that a Grotian reading of the idea of an (...) original common possession of the earth is not a fruitful principle if we want to elaborate a solid defence of the rights of the ones in need. I reconstruct and analyse the role this idea has in Grotius’s theory of private property and present objections to it from a Kantian perspective. (shrink)

In this article, we introduce the project developed in this special issue: a search for principles of ‘real-world’ justice in international migration that can offer practical guidance on real political problems of migration governance. We begin by highlighting two sources of divergence between the principal topics of theoretical controversy within literatures on migration justice and the animating sources of political controversy within real national and international publics. These arise first in the framing of the problems on which normative theory is (...) purported to offer guidance, and second in the character of the normative reasons that are invoked as grounds for settling the controversies. In response to these divergences, we propose that the development of action-guiding normative theories of international migration can be supported with resources from broadly ‘realist’ approaches to political theory. We outline three key dimensions in which the ‘real-world’ theoretical approaches developed in this collection of papers connect up with important themes in the wider theoretical literature on political ‘realism’: first, a problem-centred methodological strategy; second, a focus on the value of political legitimacy; and third, a commitment to reconciling systematic engagement with real political problems and circumstances with a critical normative orientation towards political problems. (shrink)

In recent years, political theorists have begun to systematically consider the concept and justification of territorial rights, and advance rival theories of state’s (or nation’s) rights over territory. This article aims to advance our understanding of the challenge facing territorial rights theories, by closely analysing one of the most developed and important theories of territory, viz., the nationalist theory. It argues that nationalist theory, which employs a quasi-Lockean argument for territorial rights, faces a problem of attribution: What value-adding activities can (...) be attributed to a cultural nation, which is viewed as the primary holder of territorial rights by the theory? It proceeds to examine three approaches to solve the problem of attribution – but argues that all of them fail. In the concluding section, the paper explores the potential implications of this largely critical argument for all attempts to develop a coherent and plausible normative theory of territory. (shrink)

Liberals conceive of territorial rights as dependent on the legitimacy of the state, which is in turn understood in terms of the state’s protection of individual rights and freedoms. Such justifications of territorial rights have difficulties in addressing the right to control immigration, which is therefore in need of additional justification. The paper considers Christopher Heath Wellman’s liberal proposal for justifying the right to control immigration, which understands the right as derivative of a general right to freedom of association held (...) collectively by the people of the state. The paper argues that state legitimacy and freedom of political association fail to connect in the way required to justify a right to control immigration. Wellman’s argument conflates the state as an institution and the people as a political collective and elides the difference between territorial jurisdiction and associational freedom. (shrink)

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...) enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights. (shrink)

The immigration debate in political theory has produced a series of accounts that justify the state’s right to exclude potential immigrants, where the right of self-determination figures prominently. We challenge two prominent accounts of the self-determination-based right to exclude and defend a circumscribed right to exclude and a corollary duty to admit immigrants, based on our ‘people relationship goods’ account of self-determination. Our conception reconciles the moral claims of global opportunity migrants with the well-being and non-alienation interests of the locals. (...) It therefore provides a principled answer to the philosophical question underlying pressing political conflicts today, namely what is the permissible scope of exclusion by self-determining political communities, in light of weighty global moral demands of inclusion. (shrink)

It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization?1 Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. One such (...) assumption is that attachment is an achievement of some sort, as opposed to some kind of brute ascriptive status that a claimant has irrespective of anything it might do.But achievements do not come for free. 'Achievement' is a success .. (shrink)

Daniel Kofman | : La littérature philosophique récente concernant les droits juridictionnels suppose qu’on puisse les justifier par une « théorie des droits territoriaux », sans faire appel à une théorie de l’autodétermination. Or les principes d’autodétermination des peuples devraient déterminer les principes des frontières juridictionnelles, et non le contraire. Les « droits territoriaux » sont essentiellement des droits de gouvernance, lesquels découlent eux-mêmes des principes d’autodétermination. Pour défendre ces thèses, je critique les arguments de Brilmayer, Simmons, et Stilz. | (...) : Recent philosophical literature on jurisdictional rights assumes they can be justified by a “theory of territorial rights” without a theory of self-determination. However, principles of self-determination of peoples should determine principles of jurisdictional boundaries, not the contrary. “Territorial rights” are essentially rights of governance, which derive from principles of self-determination. I support these theses by criticising arguments of Brilmayer, Simmons and Stilz. (shrink)

This article defends a pure functionalist theory of territorial jurisdiction according to which a state’s moral right to rule over a territory rests on its present moral performance as a freedom‐enabling institutional structure. A common objection against functionalist theories is that they cannot explain why it matters that one particular state has exclusive jurisdiction over a certain territory. This deficiency is often associated with the annexation challenge, which is supposed to show that functionalist theories cannot deal adequately with cases of (...) annexation. Against this line of criticism, I argue that the pure functionalist justification of the right to rule is capable of tackling challenges related to particularity and annexation. First, the pure functionalist theory explains why it is important that one particular state rules over a given territory. It also tells us what set of laws and what government we should comply with. Second, the pure functionalist justification of the right to rule entails sufficient conceptual resources to account for the wrongdoing involved in annexation. Although the theory deems past wrongs irrelevant for the justification of the right to exercise jurisdiction on a territory, it is adequately sensitive to historical injustice. (shrink)

Many studies have deduced subterranean dialogues between Hannah Arendt and Carl Schmitt from indirect evidence. This article uses new evidence from marginalia in Arendt’s copy of Nomos of the Earth and finds that she formed, but never published, an incisive critique of Schmitt’s geopolitics. Through an analysis of Arendt’s comments on the topics of soil, conquest, and contract, I show that Arendt deemed Schmitt’s theory to be imperialist and in contradiction with itself. Her reading of Schmitt prompts important new questions (...) regarding the scholarly use of Schmitt’s conception of nomos as a tool of critique against American empire in the post-9/11 era. The marginalia also suggests, against past scholarship, that Arendt thought justice should play a central role in politics. I propose that we look to Arendt’s own conception of nomos, which she developed later, in order to form an alternative geopolitics. Because of her focus on intersubjective world-building, Arendt’s nomos embraces contract and promise-mak... (shrink)

This paper argues that the Lockean proviso can be utilized as a relevant principle of justice for food security under global climate change. Since reducing GHG emissions is key to enhancing food security, we suggest a global food security scheme that systematically allots, among all people, access to GHG sinks in food systems impacted by global climate change. For consideration of the scheme, it is important to have a principle of justice. Furthermore, it should incorporate the value of fairness. A (...) relevant principle of climate justice for food security should meet the following criteria: (1) the parties concerned under the scheme are states; (2) fairness does not undermine the requirement that the basic needs of all people must be met; (3) when determining fair burdens, a fair distribution of the rights to use GHG sinks should be sensitive both to each state’s responsibility for its GHG emissions and to (4) each state’s effort to reduce such emissions. With them in mind, first, we argue that the Lockean proviso can provide legitimate guidance for each state. Second, the Lockean proviso reasonably enjoins that a state has a right to a food system that secures its citizens’ basic needs, and a duty to meet the basic needs of other people. Third, the Lockean proviso can be deployed as a principle of both global justice and intergenerational justice for food security. Finally, the Lockean proviso enables us to count the reduction of GHG emissions by each state as “the fruits of its labors”. (shrink)

What, if anything, is problematic about gentrification? This article addresses this question from the perspective of normative political theory. We argue that gentrification is problematic insofar as it involves a violation of city-dwellers’ occupancy rights. We distinguish these rights from other forms of territorial rights and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life plans, the argument goes, we must also agree on limiting (...) the impact of gentrification on peoples’ lives. Limiting gentrification’s impact, however, does not entail halting processes of gentrification once and for all. (shrink)

Journal of Political Philosophy, EarlyView.

States are increasingly paying other states to host refugees. For example, in 2010 the EU paid Libya € 50 million to continue hosting the refugees within its borders, and five years later Australia offered Cambodia $31.16 million to accept asylum seekers living in Naru. These exchanges, which I call ‘refugees markets,’ have faced criticism by philosophers. Some philosophers claim the markets fail to ensure true protection, and are demeaning, expressing just how much refugees are unwanted. In response, some have defended (...) refugee markets, claiming they can ensure refugees have protection and are not demeaned. I argue that many markets do demean refugees, and therefore have moral costs, but can still be all-things-considered preferable to alternative schemes if they protect refugees more than these alternative schemes. (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)

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)

This essay attempts to clarify the distinction between property and sovereignty, and to bring out the importance of that distinction to a liberal nationalism. Beginning with common intuitions about what distinguishes our rights to our possessions from the state's rightful governance over us, it proceeds to explore some historical sources of these intuitions, and the importance of a sharp distinction between ownership and governance to the rise of liberalism. From here, the essay moves into an exploration of group ownership, and (...) the ways in which group ownership can in practice turn into an illiberal kind of sovereignty The point is to shed new light on problems that nationalist states — states purporting to represent or foster a particular group identity — characteristically face. Examples of these problems, from the Israel/Palestine conflict, are put forth in the conclusion. (shrink)

According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and co-citizens. (...) In this article, on the contrary, we suggest that the liberal conception of states’ legitimate political authority demands, and not just permits, that developing states from which migration of skilled workers occurs set up contractual mechanisms. These mechanisms will ensure that state-funded training in the health sector is provided against a commitment on the part of future professionals to reciprocate with their services for the benefits obtained. If one of the conditions for the state to maintain legitimate political authority is to provide basic services such as healthcare to its subjects (while respecting at the same time their autonomy and freedom), then this is what developing states affected by the brain drain ought to do. What we call the authority-based approach to the brain drain also helps to clarify the obligations that other states have not to interfere with these contractual mechanisms when they exist, and not to profit from their absence. Inspired by FIFA’s legal instruments of training compensation and solidarity mechanism for the transfer of players, we conclude by suggesting a plausible global policy to complement this authority-based approach. (shrink)

Inhabitants of low-lying islands flooded due to anthropogenic climate change will lose their territory and thereby their ability to exercise their right to political self-determination. This paper addresses the normative questions which arise when climate change threatens territorial rights. It explores whether the loss of statehood supports a claim to territorial compensation, and if so, how it can be satisfied. The paper concludes that such claims are well founded and that they should be met by providing compensatory territories. After introducing (...) a differentiation between land rights and territorial rights, previous theoretical responses to the problem of sinking islands are criticized. It is argued that states may be required to give up parts of their territory as compensation. The paper develops criteria of sufficiency for compensatory territories and proposes to base their selection process on a negative auction. Since it is unlikely that unsettled compensatory territories that meet the specified requirements are available, the rights of their original inhabitants are discussed. (shrink)

Libertarianism holds that agents initially fully own themselves and have moral powers to acquire property rights in external things under certain conditions. It is normally advocated as a theory of justice in the sense of the duties that we owe each other. So understood, it is silent about any impersonal duties (i.e., duties owed to no one) that we may have.

The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...) ought to be exercised (the problem of justice of borders). The literature has explored the second but ignored the first. Therefore, I propose a different approach to the ethics of immigration by focusing on concerns of legitimacy in a three-step framework: first, identifying the kind of authority or power that immigration controls exercise; second, redefining borders as international and domestic institutions that issue that kind of power; and finally, considering supranational institutions that redistribute the right to exclude among legitimate borders. (shrink)

In this paper, we examine the extent to which the concept of emergence can be applied to questions about the nature and moral justification of territorial borders. Although the term is used with many different senses in philosophy, the concept of “weak emergence”—advocated by, for example, Sawyer (2002, 2005) and Bedau (1997)—is especially applicable, since it forces a distinction between prediction and explanation that connects with several issues in the dis-cussion of territory. In particular, we argue, weak emergentism about borders (...) allows us to distinguish between (a) using a theory of territory to say where a border should be drawn, and (b) looking at an existing border and saying whether or not it is justified (Miller, 2012; Nine, 2012; Stilz, 2011). Many authors conflate these two factors, or identify them by claiming that having one without the other is in some sense incoherent. But on our account—given the concept of emergence—one might unproblematically be able to have (b) without (a); at the very least, the distinction between these two issues is much more significant than has often been recognised, and more importantly gives us some reason to prefer “statist” as opposed to “cultural” theories of territorial borders. We conclude with some further reflections on related matters concerning, firstly, the apparent causal powers of borders, and secondly, the different ways in which borders are physically implemented (e.g., land vs. water). (shrink)

En este trabajo se pide suponer que algo está mal con el colonialismo, con lo cual se hace una revisión de las principales posturas que intentan justificarlo, para mostrar que no resuelven correctamente ciertos cuestionamientos.

This chapter sides with those who believe that a right to stay should be counted among fundamental human rights. However, it also acknowledges that there are good reasons for objecting to the most popular justifications of the right to stay, which are based on the assumption that people have valuable ties to their community of residence and that people’s life plans are located where they live. In response to these qualms, this chapter argues that the best way to make sense (...) of the right to stay is to conceive it as belonging to the category of “control rights”; these are the rights that protect people’s control over their own bodies and personal space, which is an essential condition for personhood and human dignity. This account of the right to stay can overcome the most pressing objections to its recognition as a fundamental human right. (shrink)

In their commentaries, Alice Pinheiro Walla and Clara Sandelind examine the leading themes and ideas presented by Stilz and Ypi, and identify areas where further analysis is required. Pinheiro Walla suggests that both Stilz's legitimate state theory and Ypi's permissive theory fail to adequately account for limitations on territorial rights. She argues that 'Ypi's permissive theory allows too much arbitrariness in regard to provisional acquisition [and] Stilz's account lacks a more unified approach to occupancy rights'.