Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed to (...) human rights will thus often violate the rights of refugees by denying them entry. I attempt to defend liberalism from Arendt’s criticism by outlining a rights-based model of asylum that is enforceable by sovereign states. This approach avoids the question of what border-enforcement measures, if any, are defensible at the level of ideal justice, and instead seeks to outline a framework of refugee rights that can be realized in a world in which migration controls are a fact of life. Central to my argument is a distinction between the place where a person is recognized as a rights-bearing agent and the potentially different place where he or she exercises those rights. (shrink)

The tradable refugee quota scheme constitutes one proposal for institutionalising the general right to asylum. The scheme allows states to purchase and sell quotas of refugees that are initially assigned to them through a collectivised status-determination process. In this paper I focus on examining the ethical dimensions of one particular component of the tradable refugee quota scheme: the market. I consider three objections against the quota trading practices: ‘the preference objection’, ‘the dignity objection’, and ‘the exploitation objection’. The first objection (...) suggests that the tradable quota scheme is problematic due to the fact that it fails to consider refugees’ desires regarding the final country in which asylum is provided. The second objection claims that the scheme demeans refugees and violates their dignity. The final objection claims that the scheme leads to the exploitation of weak countries. I argue that the objections fail to show that the tradable quota scheme is inherently problematic. I conclude that either the examined objections can be rejected or it is possible to address the concerns through specific institutional arrangements. (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)

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.