Asylum has become a highly charged political issue across developed countries, raising a host of difficult ethical and political questions. What responsibilities do the world's richest countries have to refugees arriving at their borders? Are states justified in implementing measures to prevent the arrival of economic migrants if they also block entry for refugees? Is it legitimate to curtail the rights of asylum seekers to maximize the number of refugees receiving protection overall? This book draws upon political and ethical theory (...) and an examination of the experiences of the United States, Germany, the United Kingdom and Australia to consider how to respond to the challenges of asylum. In addition to explaining why asylum has emerged as such a key political issue in recent years, it provides a compelling account of how states could move towards implementing morally defensible responses to refugees. (shrink)

This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...) is allowed to operate. This conflict might be resolved either by adopting a cosmopolitan theory of justice (which leaves no room for national responsibility) or by adopting a ‘political’ theory of justice (which denies that questions of distributive justice can arise beyond the walls of the sovereign state). Since neither resolution is satisfactory, the chapter defends the idea of national responsibility and proposes a new theory of global justice, whose main elements are the protection of basic human rights worldwide, and fair terms of interaction between independent political communities. (shrink)

This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain (...) extreme circumstances. Outside these circumstances, however, immigration restrictions are unjust. Having presented the argument for a human right to immigrate, the chapter responds to objections from distributive justice, culture and scarcity. (shrink)

Michael Dummett, philosopher and social critic, is also one of the sharpest and most prominent commentators and campaigners for the fair treatment of immigrants and refugees in Britain and Europe. This book insightfully draws together his thoughts on this major issue for the first time. Exploring the confused and often highly unjust thinking about immigration, Dummett then carefully questions the principles and justifications governing state policies, pointing out that they often conflict with the rights of refugees as laid down by (...) the Geneva Convention. With compelling and often moving examples, On Immigration and Refugees points a new way forward for humane thinking and practice about a problem we cannot afford to ignore. (shrink)

Many poor and oppressed people wish to leave their countries of origin in the third world to come to affluent Western societies. This essay argues that there is little justification for keeping them out. The essay draws on three contemporary approaches to political theory - the Rawlsian,the Nozickean, and the utilitarian - to construct arguments for open borders. The fact that all three theories converge upon the same results on this issue, despite their significant disagreements on others, strengthens the case (...) for open borders and reveals its roots in our deep commitment to respect all human beings as free and equal moral persons. The final part of the essay considers communitarian objections to this conclusion, especially those of Michael Walzer. (shrink)

Many of the most skilled and educated citizens of developing countries choose to emigrate. How may those societies respond to these facts? May they ever legitimately prevent the emigration of their citizens? Gillian Brock and Michael Blake debate these questions, and offer distinct arguments about the morality of emigration.

Michael Dummett, philosopher and social critic, is also one of the sharpest and most prominent commentators and campaigners for the fair treatment of immigrants and refugees in Britain and Europe. This book insightfully draws together his thoughts on this major issue for the first time. Exploring the confused and often highly unjust thinking about immigration, Dummett then carefully questions the principles and justifications governing state policies, pointing out that they often conflict with the rights of refugees as laid down by (...) the Geneva Convention. With compelling and often moving examples, On Immigration and Refugees points a new way forward for humane thinking and practice about a problem we cannot afford to ignore. (shrink)

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

This article considers one seemingly compelling justification for immigration restrictions: that they help restrict the brain drain of skilled workers from poor states. For some poor states, brain drain is a severe problem, sapping their ability to provide basic services. Yet this article finds that justifying immigration restrictions on brain drain grounds is far from straightforward. For restrictions to be justified, a series of demanding conditions must be fulfilled. Brain drain does provide a successful argument for some immigration restrictions, but (...) it is an argument that fails to justify restrictions beyond a small minority of cases. (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)

This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...) is allowed to operate. This conflict might be resolved either by adopting a cosmopolitan theory of justice (which leaves no room for national responsibility) or by adopting a ?political? theory of justice (which denies that questions of distributive justice can arise beyond the walls of the sovereign state). Since neither resolution is satisfactory, the chapter defends the idea of national responsibility and proposes a new theory of global justice, whose main elements are the protection of basic human rights worldwide, and fair terms of interaction between independent political communities. (shrink)

It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

This article explores the advantages of using a range of actual cases in doing political theory. This sort of approach clarifies what is at stake in alternative theoretical formulations, draws attention to the wisdom that may be embedded in existing practices, and encourages theorists to confront challenges they might otherwise overlook and to think through the implications of their accounts more fully.

It is widely held that the current refugee Convention is inadequate with respect to its specification of who counts as a refugee and in its assignment of responsibility concerning refugees to states. At the same time, there is substantial agreement among scholars that the negotiation of a new Convention would lead states to extricate themselves from previously assumed responsibilities rather than sign on to a set of more desirable legal norms. In this paper, I argue that states should ultimately negotiate (...) a new Convention, but that first they must alleviate the institutional and motivational constraints that make progress currently unattainable. (shrink)

In the past few decades social changes have impacted how we understand justice, as societies become both more multicultural and more interconnected globally. Much philosophical thought, however, seems to proceed in isolation from these developments. While philosophers from Plato onwards have portrayed justice as an abstract, universal ideal, Miller argues that principles of justice are always rooted in particular social contexts, and connects these ideas to the changing conditions of human life. In this important contribution to political philosophy, it is (...) argued that philosophers need to pay more attention to the way that people actually think about what's fair, and only defend principles that are feasible to apply in the real world. To understand equality of opportunity, for example, we must explore the cultural constraints that people face when presented with life choices. Justice for Earthlings also explains how national boundaries make justice at global level different from social justice. (shrink)

Calls to expand temporary work programmes come from two directions. First, as global justice advocates observe, every year thousands of poor migrants cross borders in search of better opportunities, often in the form of improved employment opportunities. As a result, international organizations now lobby in favour of expanding ‘guest-work’ opportunities, that is, opportunities for citizens of poorer countries to migrate temporarily to wealthier countries to fill labour shortages. Second, temporary work programmes permit domestic governments to respond to two internal, contradictory (...) political pressures: (1) to fill labour shortages and (2) to do so without increasing rates of permanent migration. Temporary work programmes permit governments to appear ‘tough’ on migration, while responding to employer pressure to locate workers willing to work in low-skilled, poorly remunerated positions. The coincidence of national self-interest and global justice generates a strong case in favour of expanding guest-work. We evaluate the moral benefits and burdens of expanding guest-work opportunities, and conclude that although there are benefits to be gleaned from the perspective of global wealth redistribution, at present, temporary work programmes are generally unjust. We will argue that just temporary work programmes, in time, permit temporary workers to attain citizenship. This spells the end of traditional temporary work programmes, which require that workers return to their home country in time; instead, what is temporary is the employment obligation that must be fulfilled as a requirement to access citizenship. As long as this requirement is met, we endorse guest-work programmes as a tool to respond to global inequality. (shrink)

In this paper I re-state the egalitarian argument against the morality of immigration controls: such limits violate the central ethical commitment to moral equality. This means that immigration controls fail a fundamental moral test and represent the ethical failure of the liberal project of moral equality. I set this re-statement against recent arguments about what moral equality means, specifically Christopher Heath Wellman's use of Elizabeth Anderson's notion of relational equality. Wellman believes that Anderson's ideas seriously damage the egalitarian argument, but (...) I argue that this is a misreading of her account. I conclude that any liberal attempt to morally justify immigration controls must fail through committing the basic logical error of ‘begging the question’. (shrink)