The text introduces the concept behind the Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface between Empirical Research and Normative Analysis”. It explains why there is a need to study migration policies across disciplines, includes a short note on the current literature, and provides a look back at the workshop. DOI:10.17879/15199624685 .

The article considers what arbitrary law-making is and what may count as arbitrary law-making in the field of migration policy. It contributes to the discussion of arbitrary law-making in relation to migration policy in two ways. First, it offers an analysis of arbitrariness, pointing out that rhetorical definitions abound – perhaps not surprisingly, given that migration is a highly-contested policy area – and argues for why transposing a conception developed in ethical theory to the (...) law has high theoretical costs. An alternative conception is described and found to be better equipped to deal with arbitrary law-making in migration policy. It is argued that if we want to understand how arbitrariness plays out in the field of migration law – which is necessary to find ways to hinder its spread by the adoption of specific law-making practices – we first need to distinguish arbitrariness from legitimate choices of legislators. Secondly, a typology of forms of arbitrariness is fleshed out in relation to contemporary migration policy. The policy area is here broadly construed to include not only naturalisation processes, but also migration, asylum and refugee policies and more generally border control. The examples are taken from a broad selection of countries. They have been chosen for illustrative purposes only. Keywords: arbitrariness, discretion, arbitrary power, forms of arbitrary power, borders, migration policy, citizenship policy. (shrink)

Since 2023, the UK government's response to the “migrant crisis” has revolved around two controversial flagship policies: the deportation of asylum seekers to Rwanda, and the detention of migrants aboard a giant barge. In this short article, I examine the colonial and gendered dimensions of the two policies, finding them to be examples of the coloniality of gender. What this indicates, I suggest, is that the purpose of these policies is not merely to deter potential migrants—particularly LGBTQIA+ migrants—but also to (...) create a political narrative that allows the Conservative Party to garner right-wing votes by participating in high-profile culture wars; namely, the debate over transgender rights and the debate over how the UK should reckon with its imperial past. (shrink)

This special issue consists of four articles, contributed by David Owen; Désirée Lim, Sahar Akhtar and (as co-authors) Mollie Gerver, Miranda Simon, Patrick Lown and Dominik Duell. These contributions address issues related to migration policies with the aim of bringing normative theories of migration and discrimination into dialogue. These theories describe the various types of discrimination inherent in the domestic and global migration systems, as well as assess arguments, pro et contra, about whether these forms of discrimination (...) are permissible. (shrink)

Our world is mobile. People move, either within the state or from one state to another, to access opportunities, to improve their living conditions, or to start afresh. Yet, we usually assume that migration is an exceptional activity that leads to permanent settlement. In this paper, I invite us to reconsider this assumption. First, I analyse several ways in which people experience mobility in contemporary societies. Then, I turn to migration, as a specific form of mobility. I distinguish (...) between a legal/administrative, a social, and a self-identification-based approach to migration, demonstrating that they lead to divergent definitions of who is a migrant. I proceed by introducing the concept of mobile migration and by developing a typology of mobile migrants. I conclude that, in order to devise migration policies that treat migrants fairly, a careful consideration of the claims and interests of the different types of mobile migrants is necessary. (shrink)

The World Economic Forum notes that there is an economic gap between Indonesia and Malaysia every year as seen from GDP per capita. The economic disparity between the two countries caused differences in available employment opportunities. Limited employment opportunities in Indonesia cause an increase in unemployment in Indonesia. The high unemployment rate in West Kalimantan is the main cause of the migration of Indonesians to Malaysia with the aim of carrying out economic and trade activities in the Serikin Market (...) which is located in Sarawak, East Malaysia. The market only takes about 15 minutes from the Jagoi Babang. This study used primary data collected by using in-depth interview and observation techniques which was analyzed qualitatively. The study found that in general the migration patterns of Indonesian traders who traded in the Serikin Market practiced non-permanent mobility patterns. The opportunities of cross-border trade carried out by Indonesian traders are reducing unemployment, facilitating product marketing, increasing income. While the challenges faced are the inadequacy of the road infrastructure, the quality of merchandise that is not good, the unavailability of lodging for Indonesian traders in the border area of Jagoi Babang, shop rental prices are relatively expensive. Basically, this research is to provide empirical data regarding to opportunities and challenges of cross-border traders that will be able to be used for future research related to strategies in managing cross-border trade Hopefully, this research will contribute significantly to generate an effective migration policy in order to minimize transnational crimes. (shrink)

The European ideals – as well as the idea of Europe per se – are faced with a serious challenge due to recent migration crisis: it is not just the reflexes, the effectiveness and the policies, but also the consistency, the principles and the justification of the notion of the European Union that is in stake. Kant’s concept of universal hospitality could probably provide a good way out of this conundrum: while hospitality has largely been viewed as a solidarity-related (...) imperfect duty towards others, that is, a less compelling duty that allows moral agents for certain latitude concerning the occasions and the degree of its implementation, Kant’s views allow for a totally different perspective, and, in my view, a much more philosophically nuanced one: hospitality might also be considered as an autonomy-based duty owed to others, and in this respect could count as a perfect, morally compelling duty. To the extent that the concept of Europe consists in humanitarian ideals that are based upon a strong philosophical humanistic tradition, I consider my claim to be in perfect harmony with the true spirit of Europe. (shrink)

It cannot be overstated that in recent times the gravity and complexity of irregular maritime migration have triggered concerns and debates in the academic domains of International Relations and International Law. The article examines how states’ compliance with, and enforcement of, international law and legal norms would tackle the challenges of irregular migration in the Indian Ocean region. The legislative and policy challenges regarding irregular migration can be analyzed under two segments. First, there is a lack (...) of comprehensive discussion about the sending and the receiving states’ commitments (regarding irregular migrants) to international law and legal norms. Secondly, deficit of comparative analysis to show how the littoral states comply with international law norms on migration and refugee influx. Such analysis from multiple perspectives would be helpful to get insights and make policy recommendations about how effectively international law norms could be enforced through national legislation and policy framework. (shrink)

The volume gathers theoretical contributions on human rights and global justice in the context of international migration. It addresses the need to reconsider human rights and the theories of justice in connection with the transformation of the social frames of reference that international migrations foster. The main goal of this collective volume is to analyze and propose principles of justice that serve to address two main challenges connected to international migrations that are analytically differentiable although inextricably linked in normative (...) terms: to better distribute the finite resources of the planet among all its inhabitants; and to ensure the recognition of human rights in current migration policies. Due to the very nature of the debate on global justice and the implementation of human rights and migration policies, this interdisciplinary volume aims at transcending the academic sphere and appeals to a large public through argumentative reflections. Challenging the Borders of Justice in the Age of Migrations represents a fresh and timely contribution. -/- IN A TIME when national interests are structurally overvalued and borders increasingly strengthened, it’s a breath of fresh air to read a book in which migration flows are not changed into a threat. We simply cannot understand the world around us through the lens of the ‘migration crisis’-a message the authors of this book have perfectly understood. Aimed at a strong link between theories of global justice and policies of border control, this timely book combines the normative and empirical to deeply question the way our territorial boundaries are justified. Professor Ronald Tinnevelt, Radboud University Nijmegen, The Netherlands.- -/- THIS BOOK IS essential reading for those frustrated by the limitations of the dominant ways of thinking about global justice especially in relation to migration. By bringing together discussions of global justice, cosmopolitan political theory and migration, this collection of essays has the potential to transform the way in which we think and debate the critical issues of membership and movement. Together they present a critical interdisciplinary approach to international migration, human rights and global justice, challenging disciplinary borders as well as political ones. Professor Phil Cole, University of the West of England, UK.-. (shrink)

This chapter introduces and discusses the concepts that are in-depth articulated in the volume. International migration is presented here as a test bench where the normative limits of institutional order, its contradictions and internal tensions are examined. Migrations allows to call into question classical political categories and models. Pointing at walls and fences as tools that reproduce enormous inequalities within the globalized neo-liberal system, this chapter presents the conceptual tensions and contradictions between migration policies and global justice. We (...) challenge the conceptualization of justice as a relationship between citizens of the same country and the State and argue that, in our globalized world, nation-state cannot constitute the basic unit of the theories of justice. We argue that an integral approach that includes the complex and interconnected forms of structural inequalities and transcends the borders of national sovereign states is required. Avoiding the methodological nationalism and the exclusionary biases that inform current migration and border control policies, this chapter finally places attention on the most marginalized subjects of the migration chain: migrant women workers. We point out the importance of addressing transnational structural inequalities and bringing social reproduction to the center of global justice theories. (shrink)

This paper investigates one of the central questions in the ethics of migration: is migration a matter of freedom or justice? The former claims that it is a human right, whereas the latter defends a remedial right to immigrate as a way to meet the requirements of global distributive justice. These arguments seem to enter into an intractable contradiction. On the one hand, if freedom of movement is a human right, it should not be subordinated to the maximization (...) of justice. On the other hand, in a non-ideal world an open-borders policy would be of little help in the assignment of priorities, and its redistributive effects would be suboptimal. The solution, I will argue, lies in a package of global redistributive measures. More open borders now can bring us closer to justice, and only then would immigration make sense as a human right. (shrink)

I provide an alternative to the two prevailing accounts of justice in immigration policy, the free migration view and the state discretion view. Against the background of an internationalist conception of domestic and global justice that grounds special duties of justice between co-citizens in their shared participation in a distinctive scheme of social cooperation, I defend three principles of justice to guide labor immigration policy: the Difference Principle, the Duty of Beneficence, and the Duty of Assistance. I (...) suggest how these principles are to be applied in both ideal and nonideal circumstances. Finally, I argue that the potential conflict between these principles has often been overstated, and propose priority rules for genuine cases of conflict. (shrink)

This paper turns to pragmatism for strategies to assist with the timely implementation of conservation efforts, as it provides tools to unfreeze policy decision making so that stakeholders, from farmers to wildlife organizations, can readily address impacts associated with climate induced non-human migration. The first section of this essay introduces readers to the topic of climate induced migration and provides an overview of how agriculture could either inhibit or help facilitate migrating species. The second section then applies (...) Thompson’s analysis of water policy, specifically his triangular structure of libertarianism, utilitarianism, and egalitarianism, to the problem of non-human climate refugees to identify positions that could be taken, as producers, policy makers, and other stakeholders determine if they should adopt strategies to assist migrating species. This analysis ends with the argument that the field of applied ethics, while useful for identifying key policy positions, can provide little insight to stakeholders facing issues associated with climate induced migration. The final section of the paper turns to pragmatism for strategies that could help guide wildlife conservation decisions on the ground. It is the author’s hope that a wide range of readers will find this paper useful, as it brings together work in environmental ethics, wildlife conservation literature, and public policy. (shrink)

Review of Ruben Andersson,Illegality, Inc. (Oakland, CA: University of California Press, 2014)and Amy Nethery and Stephanie J. Silverman(eds.), Immigration Detention: The Migration of a Policy and its Human Impact.(London and New York: Routledge, 2015).

If migration is more effective than aid for fighting poverty, should it replace aid? Not always. This article proposes a criterion that may be used to distinguish between cases where migration should serve as a substitute for development assistance and cases where it should supplement such aid. According to this criterion, development agendas are poverty-efficient when they lift the largest possible number of people out of poverty. Therefore, to be poverty-efficient, development agendas should always aim to complement aid (...) with policies for pulling people out of poverty. Development assistance that is not poverty-efficient should be abandoned and replaced by migration and other policies that can effectively fight poverty. (shrink)

When studying the feasibility and justice of basic income, researchers usually assume that policymakers would be introducing the unconditional benefit to a closed economic entity. When contemplating the introduction of a universal policy, few researchers take into consideration the fact that citizens and foreigners migrate, and that this movement alters the size and skill structure of the population. This article addresses this oversight by analyzing how basic income schemes based on residence or citizenship may affect tax base, wages, and (...) employment while incorporating migration incentives. The discussion is based upon neoclassical labor supply and migration theory and informed by the conjectured economic effects from a normative perspective. This research suggests that a basic income would create migration incentives that reduce the tax base, leading us to question this policy’s feasibility. Moreover, the flow-on effects of migration call into question the justice of both residence-based and citizenship-based basic income schemes. Therefore, this article sheds light on how basic income’s feasibility and justice relate to each other and identifies the benefits and further opportunities for interdisciplinary social policy research. (shrink)

This essay series explores the human costs and policy challenges associated with the displacement crises in the Mediterranean and Andaman Seas. The essays explore the myths or misconceptions that have pervaded discussions about these two crises, as well as the constraints or capacity deficiencies have hampered the responses to them.

This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy (...) by coupling elements of Frankfurt School methodology to case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)

Hassan Al Kontar appeared in major headlines in 2018. He had left his country of origin, Syria, and refused to return when the Syrian Civil War broke out. He had emigrated a few years earlier to the United Arab Emirates, where he worked as an insurance marketing agent. His work permit expired after the start of the conflict in Syria. So did his passport. Hassan remained in the Emirates illegally, out of fear of being drafted by the army upon his (...) return to Syria. He was then arrested and sent to Malaysia where he was given a three-month tourist visa, but impeded from leaving the airport. Hassan ended up in a legal limbo. In a world like ours, where states jurisdictions exhaust the surface of the earth and determine the relationship between the state and its legal subjects, yet that pledges to protect the human rights of everyone, including non-nationals, how can these legal limbos in the international human rights regime be allowed? Some think there is a paradox at play here in that international human rights law gives a person a right to leave the state where he is physically present, regardless of nationality, but no matching right to enter elsewhere. Others deny this to be the case. This article is not an attempt to add yet another voice pro et contra the wrongfulness of the alleged state of affairs in international law. Rather it seeks to clarify the disagreement by offering a systematic problem-setting. We show what the matter under dispute consists in and which theoretical commitments are necessary to commit to in either side of this debate. We do this in three steps. First, we offer an ecumenical description of the matter under normative dispute. Second, we show that the matter under dispute is unclear concerning the ratio materiae of the action-class regulated by the norms in question. Third, we draw the consequences of this circumstance for the conditions of truth of the opposing positions. It seems that the disagreement is rooted in the very description of the action-class that the norm purports to regulate: in a nutshell, it seems that while one side thinks that the action is a movement of one and the same body in space across the territorial jurisdictional lines of two state actors, the other side to the debate thinks that we are dealing with two actions, separate and separable institutional facts that refer to the individual’s position vis-à-vis a state. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

This article compares the moral significance of two types of immigration, that which is based on the unification of citizens and non-citizens and that which is based on the skilled labor needs of the receiving society. I assess the interests of both citizens and non-citizens affected by each of these types of inflows and argue that unification admissions should be given priority over skilled workers but states retain a qualified moral permission to incentivize skilled worker migration.

This article analyzes how populism is conceptualized and studied in International Relations (IR) and argues that it should be seen as a political logic instead of a political ideology. It does so by demonstrating that ‘populist foreign policy’ looks radically different when analyzing the populist left, refuting the possibility of any distinctly ‘populist’ foreign policy positions. We argue that large parts of IR scholarship practice a form of concept-stretching that undermines the quality of analysis as well as the (...) ability to make meaningful policy recommendations. Using the empirical case studies of Bernie Sanders in the United States and Podemos in Spain, the article demonstrates that populism does not translate into any shared ideological positions but is a way of formulating and performing – in these cases – leftist politics through which political actors can interpellate and mobilize different societal groups and demands behind their political projects. In particular, the analysis debunks common assumptions about populism’s alleged effects on foreign policy and dangers to pluralist democracy and shows that “populism” neither necessarily opposes multilateralism, migration and global public good provision nor formulates an authoritarian claim to power. (shrink)

The problem of the concept of Ukraine’s state economic policy of regulation of human resources international movement in the context of global intellectualization remains topical throughout the existence of Ukraine as an independent state. It should be noted that the favorable geopolitical position of Ukraine provides potential opportunities for the development of both regions and the state as a whole, creates conditions that are associated with the involvement in international migration, tourism and transit and professional processes. Their number (...) increases in modern conditions of globalization development. The analysis of features of Ukraine's participation in the processes of intellectualization of the human resources international movement demonstrates the necessity of developing the state economic policy of the human resources international movement, which would become part of the global space and have certain benefits. (shrink)

The increasing complexity and scale of modern computing needs have led to the development and adoption of cloud computing as a ubiquitous paradigm for data storage and processing. The hybrid cloud model, which combines both public and private cloud infrastructures, has been particularly appealing to organizations that require both the scalability offered by public clouds and the security features of private clouds. Various strategies for configuring and managing resources have been developed to optimize the hybrid cloud environment. These strategies aim (...) to balance conflicting objectives such as cost-efficiency, performance optimization, security, and compliance with regulatory standards. This exploratory research focused on evaluating the efficiency and limitations of different configuration strategies in hybrid cloud environments. Findings indicate that each approach presents distinct advantages. Improving resource utilization and automating governance processes are significant advantages of Policy-based Resource Management, which leads to costeffectiveness. Intelligent routing of traffic is a feature of Cross-cloud Load Balancing, resulting in optimized performance and higher service availability. By centralizing control, the Hybrid Cloud Service Mesh allows for secure and streamlined cross-service communication. A notable feature of Cross-cloud Container Orchestration is its ability to simplify the migration of applications across diverse cloud environments. For immediate threat detection and regulatory compliance, real-time monitoring is facilitated by Log Management and Analytics. However, Policy-based Resource Management can be complex and inflexible. Extra costs for data transfer between different cloud providers are a drawback of Crosscloud Load Balancing. Additional network hops create latency issues in Hybrid Cloud Service Mesh configurations. If configured incorrectly, Cross-cloud Container Orchestration could expose the system to security risks. Finally, Log Management and Analytics require both ample storage and advanced analytical capabilities. (shrink)

The suppression of trade barriers and liberalization of financial flows inherent to the expansive dynamic of globalization have not extended to international flows of workers. To impede the free movement of workers, restrictive migratory policies have been implemented, and borders have been fortified with walls and fences. In the face of this widespread phenomenon, this chapter presents an alternative consisting of three steps. First, it is noted that in the current migratory context, borders play a key role in reproducing inequalities (...) between countries. Next, it is argued that given the incompatibility of this function with global justice, it is necessary to seek some remedy to put an end to the suffering caused by this structural injustice, a suffering that is endured by an immense number of people unlucky enough to have been born on the wrong side of a border. After presenting a conception of borders that, unlike walls, would enable the movements of people, finally, a scenario is proposed in which the rights of political membership would be reassigned in a cosmopolitan manner and in which borders would usually remain open. Although this does not entail a radical suppression of the aforementioned injustice, its implementation would contribute to not only its reduction but also to the compensation of victims. (shrink)

A large portion of normative philosophical thought on immigration seeks to address the question “What policies for admitting and excluding foreigners may states justly adopt?” This question places normative philosophical discussions of immigration within the boundaries of political philosophy, whose concern is the moral assessment of social institutions. Several recent contributions to normative philosophical thought on immigration propose to answer this question, but adopt methods of reasoning about possible answers that might be taken to suggest that normative philosophical inquiry about (...) immigration belongs to the field of ethics, whose concern is the moral assessment of individual action and character. This paper focuses particularly on recent work by Christopher Heath Wellman and Kieran Oberman, both of whom attempt to derive conclusions about the justice of aspects of states’ immigrant admissions policies from answers to the question “Is it morally permissible for person P to migrate internationally?” I argue in this paper that such individualist ethical approaches to normative philosophical reasoning about states’ immigration policies obscure factors consideration of which is indispensable for assessing their justice, producing misguided policy recommendations. These factors include the global structural causes of international migration, and the role wealthy receiving countries of the global North play in shaping these causes – factors that are better appreciated by political philosophy than by ethics, given the respective objects of concern of each. (shrink)

The article examines key indicators of the demographic crisis in Ukraine, highlighting manifestations of the nation’s aging and natural population decline. It’s determined that understanding and analyzing the demographic situation allows for predicting changes in the size and structure of the student population, which is crucial for the effective development of higher education in Ukraine. Considering the trends of declining birth rates and an aging population, it is important to adapt admission strategies for students and educational programs accordingly. The examination (...) of the demographic crisis helps identify key challenges, such as a decrease in the number of high school graduates, which can impact competition within the higher education environment. The trends examined in the article, including the decline in the birth rate of the Ukrainian population, the aging of the nation, the level of migration, and the loss of the civilian population due to the war, enable us to characterize the situation in Ukraine as depopulation. Notable changes in the demographic landscape and shifts in the population structure occurred after February 24, 2022, including irreversible human losses, population emigration (over 10 million people), and a decline in the average birth rate. A correlation was identified between the number of births each year and the dynamics of educational services’ capacity. It was observed that higher education in Ukraine will confront significant demographic challenges in the next 17 years. In the context of the strategic goal to restore Ukraine’s human capital, the article suggests viewing higher education as an effective instrument of state policy in a cyclical process: attaining higher education, integrating graduates into the national economy, ensuring financial stability, fostering active citizenship, and promoting loyalty to the state—all contributing to an improvement in the demographic situation. (shrink)

According to the UN report, one-third of India’s population is migrant, and the migration pattern is mainly from the rural area to the city. The workers in India migrate seasonally, temporarily, or for the long term. The Covid-19 situation created hazardous setbacks in the lives of Indian migrants. It was a time of social psychological and emotional trauma. The Covid-19 situation manifested the dilemma that who is responsible for the migrant workers. The fact that they were objectified, and their (...) human dignity was not protected amidst the interventions of the Supreme Court of India and the Central and State Governments being the context, the paper attempts to consider the question “How can the policy makers collaboratively bring positive impact in the lived experiences of the migrant workers?” as the theme of the paper. Policymakers guided by the philosophical wisdom that respects and supports human dignity can change the lives of migrants undergoing a crisis. (shrink)

Despite the prevalence of externalization, much work in the ethics of immigration continues to assume that the admission of immigrants is determined by state immigration officials who decide whether to admit travelers at official crossings. This assumption neglects how decisions about entrance have been increasingly relocated abroad – to international waters, consular offices, airports, or foreign territories – often with non-governmental or private actors, as well as foreign governments functioning as intermediaries. Externalization poses a fundamental challenge to achieving just (...) class='Hi'>migration policies. It reliably harms vulnerable people, prevents refugees from receiving protection, leads to human rights abuses, and dissipates blame and accountability, creating a serious lacuna in assigning moral responsibility. (shrink)

In this paper, I discuss some of the criteria that liberal states have used to choose between potential immigrants. While overtly racist policies have been widely condemned and abolished, many states have still in the recent past selected immigrants based on their ethnicity and/or language competency. I argue that even apparently more benign examples of ethnic and linguistic selection are unacceptable because they tend to express a morally problematic message that members of certain ethnic groups within the territory—the people who (...) are really from there— occupy a privileged position within the political community. And this means, I argue, that they unjustly exclude members of other ethnic groups. Finally, I address some special features of linguistic selection that are sometimes thought to make it justifiable, including the de facto inevitability of promoting some languages more than others, the fact that languages can be learned voluntarily, and the fragility of minority languages in territories where there is another language that is more universally known. (shrink)

What is and what ought to be the relationship between empirical research and normative analysis with respect to migration policies? The paper addresses this question from the perspective of political theory, asking about the place of empirical research in philosophical discussions of migration, and, for the most part, leaving to others questions about what role, if any, normative considerations do and should play in empirical research on migration. At the outset the paper also takes note of one (...) important way in which empirical research can and should contribute to normative discussions of migration, quite apart from its role in contributing to political philosophy. DOI: 10.17879/15199614880. (shrink)

The special issue covers both fronts by presenting a conceptual analysis of arbitrary law-making that sets out to typify its various meanings, along an empirical account of its actual functioning in legal and political practice. As arbitrariness becomes a pressing concern for lawyers, politicians and scholars attempting to grasp the discretionary powers of judicial and administrative authorities vis-a-vis legal subjects, its social impact as well as its political consequences must be taken into consideration in order to fully comprehend how central (...) arbitrariness has become for a philosophical and a sociological account of law-making. Migration policy is precisely where arbitrariness vividly shows its face, and where its various forms unleash their most revealing implications. It is in this field that we must dig further if we want to know how this hitherto peripheral and surrogated dimension of legal decision-making stretches the leeway of legal officials to the very margin of legality, disclosing the social tension and the power struggle between their agency and the structures that condition and enable it. (shrink)

I argue for the importance of class-based analysis for analyzing the justice of migration policies. I contend that the abstract, liberal discourse of much writing on justice and immigration distorts our moral judgments. In contrast, I provide a class-based critique of the role of human capital in managed migration, drawing evidence from Canada’s Seasonal Agricultural Worker and Live-in Caregiver Programs. This reveals the domination and exploitation inherent in these migration policies and allows us to situate immigration in (...) a broader framework of global justice. (shrink)

One of the main questions Gillian Brock takes up in Justice for People on the Move (2020) is whether it is morally permissible for states to enact migration policies that discriminate on the basis of religion against those who wish to enter. The main focus of her discussion is on the United States context, and, in particular, the so-called ‘Muslim Ban’ enacted by President Donald Trump in 2017. While Brock offers a powerful critique of this policy, I argue (...) that it is insufficient on its own to support her claim that migration policies that discriminate on the basis of religion in general undermine the legitimacy of the states that enact them. I argue that this claim can be supported within her framework by showing that such policies necessarily display disregard for the human rights of existing members of the discriminating state. I conclude with some reflections on the strength of this account of the moral impermissibility of religious discrimination at the border. (shrink)

ANNOTATION Sardak S.E. Global Regulatory System of Human Resources Development. – Manuscript. Thesis for the Doctor of Economic Science academic degree with major in 08.00.02 – World Economy and international economic relations. – SHEE «Kyiv National Economic University named after Vadym Hetman», Kyiv, 2014. The preconditions and factors of the global economic system with the identified relevant subjects areas and mechanisms of regulation instruments have been investigated. The crucial role of humans in the global economic system as a key factor (...) of production, the main resource, the producer and the consumer of economic and social benefits that are exposed to global threats, problems, challenges, trends and subjects has been confirmed. There have been revealed the causes and consequences of the public institutions transformation under the influence of globalization, which formed a qualitatively new conditions for social and economic development that determine the need for further changes in the areas of conceptual guideline for the management of human resources development, optimization of tasks, state and international institutions activity forms, integration of efforts as for monitoring, planning and forecasting. The modern major instruments and spheres of international cooperation to ensure human development have been determined. The integrated characteristic of human resources and their role in social development both from the standpoint of their use in labour processes and as a medium of civilization and social utility with the help of the categorical classification system organizing and expanding which enables to design and apply the appropriate approaches at all managerial levels have been defined. The necessity and the concept of human resources development in the context of the content of managerial influence identifying (self-development, self-management and external control of development) at different administrative levels that ensures the growth of human capital to the limits of its potential have been analysed. The survey of human activity system aspects in the global world, taking into account the parametrization of the global environment, its structure, management and development have been realized. The formed methodology principles of managerial influence on the development of human resources with scientific schools, hardness degrees, available models, research and providing theoretical and practical implementation peculiarities for groups of countries and territories of the world taken into consideration have been examined. There have been noted civilization and national differences in the forms of managerial influence on the development of human resources, which lead to the formation of human resources development national control systems conditioned by different value public strategic guidelines, especially in relation to social security, education, national management and state migration policy. The current and future requirements for global human resources development which are proposed to be achieved by the development and formalization of global civilizational paradigm of social development due to social coordination interaction have been given. The influence of the institute of state on the human resources development has been evaluated and it has been proved that in the beginning of the XXI century in the global environment the institute of state is the ultimate guarantor of its citizens’ labour ability and vital activity renewal, that makes it the main instrument of managerial influence on human development. The methodology of countries and territories matrix positioning by human development qualitative criteria and population size quantitative parameters which allows to design unified managerial measures as for human resources for similar national economies in the context of global regulatory trends has been proposed. The strategic trends of improvement of human resources development in the national economy, taking into account the differences in the development of human resources in different countries and areas which vary and differ in their focus, content and ways of implementation for such groups. The varying criteria for evaluating the effectiveness of the global impact on human resources development, taking into account the natural, biological, technological, economic, social and management dimensions and the results of human resources development management in social and economic systems at various levels have been revealed. The periodization and the forecast of the global dynamics of human resources development by analyzing and modeling the values of the absolute and relative terms correlation character have been carried out, which enables to make their retrospective and prospective comparison and to find chronological boundaries of qualitatively different periods. The configuration of the human resource development global coordinate system as a set of interrelated principles, components, fields, tools, frameworks, management levels and forms of managerial influence that allows with the help of institutional means to adapt the state of human resources development to a globally varying environment. (shrink)

MEDIA and humanitarian organizations inundate us with headlines and press releases decrying the “Global Refugee Crisis”, the “Syrian Refugee Crisis”, the “Mediterranean Migration Crisis”, the “2014 American Immigrant Crisis” and much more. Careers in academic and policy circles are built on analyzing and proposing solutions to migration crises. The representation of migration as a crisis is a default response to the challenges of human mobility. This default response is often misguided and harmful. This claim may seem (...) odd or even perverse. Why should we represent the forced displacement of millions of women, men, and children around the world as anything other than a crisis? Nonetheless, crisis is an evaluative term, representing an event as dangerous, difficult, and exceptional and often justifying drastic measures. In what follows, I identify four ways in which the representation of migration as a crisis is an abuse, mischaracterizing the nature of migration and harming migrants. I end with a series of remarks about when migrant crisis may be an appropriate label. (shrink)

How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with the (...) approach that Brock takes. In thinking about unauthorized migration, both while trying to craft positive policies and while critiquing existing practices, we need to ask if we are most interested in a general account of how to respond to unauthorized migration, one that would apply to the large majority of cases and provide us a default approach, or if we are better served by taking a piecemeal approach, looking at why certain people or certain groups should be exempt from removal, even if they would otherwise be liable to it. In this paper, I will focus primarily on this distinction, and argue that it is at least important to provide an account of the "generic unauthorized". (shrink)

Demographic Analysis - Selected Concepts, Tools, and Applications presents basic definitions, practical techniques, and methods, as well as examples of studies based on the usage of demographic analysis in various institutions and economic entities. The volume covers studies related to population distribution, urbanization, migration, population change and dynamics, aging, longevity, population theories, and population projections. It is an asset to academic and professional communities interested in advancing knowledge on diverse populations in various contexts such as public policies, public services, (...) education, and labor markets. The book aims to help students of demography as well as practitioners of other fields of social sciences and people in government, business, and nonprofit organizations. (shrink)

This chapter criticizes policies that aim to restrict the emigration or immigration of skilled workers, analyzes the ethics of recruitment, and proposes basing an ethics of skilled migration based on the violation of negative duties not to uphold unjust institutions.

Proces starzenia się społeczeństw stanowi istotne wyzwanie dla krajów Unii Europejskiej. W napływie emigrantów z młodszych regionów świata - głównie Azji i Afryki - dostrzega się sposobu na uzupełnienie malejących zasobów pracy, co prowadzi do wzrostu obaw w zakresie możliwości ich integracji w wymiarze międzypokoleniowym ze społecznościami przyjmującymi. Jednocześnie upatruje się korzyści z migracji seniorów oraz możliwości kształtowania gospodarek regionalnych i lokalnych tak by sprzyjały zaspokajaniu ich potrzeb. Celem opracowania jest przybliżenie koncepcji ageizmu (dyskryminacji ze względu na wiek) w formie (...) zwielokrotnionej, zarządzania różnorodnością, polityki kreatywności oraz związków wielokulturowości z konstruowaniem srebrnych gospodarek. Podsumowanie zawiera potencjalne kierunki dalszych badań nad wielokulturowymi aspektami srebrnej gospodarki. ** Process of ageing is important challenge for European Union countries. Influx of immigrants from younger regions of the world - mainly in Asia and Africa - is considered to be a way of supplementing dwindling labour resources, which leads to an increase in concern for their possible inclusion in the intergenerational dimension of the host communities. At the same time sees the benefits of migration and seniors opportunities to develop regional economies and encourage local authorities in order to meet their needs. Aim of this paper is to present concepts of multiple age discrimination, diversity management, creativity policy and relationships of multicultural society with construction of silver economies. Summary contains potential directions for further research on multicultural aspects of silver economy. (shrink)

Migration has, in recent years, been one of the most current topics both in Croatia and worldwide. We have witnessed increased emigration (i.e. out-migration) of Croatian citizens, as well as attempts to cross the Croatian state border by citizens of other countries. This book focuses on migration in the context of the so-called migrant and refugee crisis, which is considered from a philosophical and sociological perspective. Any gender-specific terms, irrespective of the gender in which they are used (...) here, refer equally to both men and women. The book came into being as part of a study conducted by the authors in 2019 among students at the University of Split. This was one of the activities carried out within the project entitled Creating welcoming communities, which was coordinated by the Association "MI" – Split, with the support of the UNHCR’s (United Nations High Commissioner for Refugees) Representation in Croatia. The main objective of the project was to improve the conditions for better integration of asylum seekers at the local and regional level, with a special emphasis on local stakeholders and the community. The objective and activities of the project reflect and anticipate relocation policies and work towards analysing, valorising, and developing recommendations for the preparation of the local community and self-government to provide support. In this regard, we can say that the aim of the project is a contribution of sorts to creating a welcoming atmosphere and better conditions for integration through cooperation with institutions, and especially with the academic community. The project activities were intended to include relevant scientific findings that would enable the interested public to gain a more systematic understanding of the current social situation as well as to promote the idea of the possibilities of achieving a higher integration standard. In the complex social circumstances of today, which require understanding and adaptation, in addition to adequate access to accurate information, it is also crucial to ensure and facilitate the forming of inter-sectoral networks that would respond more readily to existing challenges. This primarily requires knowledge exchange, but also cooperation between different stakeholders such as public institutions, local and state government, civil society organisations, the academic community, media, etc. All these stakeholders play an equally important role in establishing a support network for a multitude of beneficiaries within the integration process. The establishment of a support network for the reception and integration of asylum seekers depends on the support of the local population in the broadest sense. One of the aims of the study was to analyse the relationship between the respondents’ identity features and their attitudes on accepting immigrants and refugees. The structure of the survey is based on the following objectives within which we sought to identify: 1) students’ attitudes on immigration, immigrants, and refugees, 2) the perceived sociodemographic profiles of immigrants and refugees, 3) the eventual presence of social distance towards immigrants and refugees. For the sake of clarity and better presentation, the second and third research objectives are analytically separated from the first one, although, in fact, a connection exists between them. How students perceive migration, immigrants, and refugees plays a role in shaping their attitudes towards them, as well as in potential behaviours reflected in the degree of social distance. From the sociological perspective, identity is seen as the way we perceive ourselves and others, as well as the way we are perceived by others. It involves sameness, similarity and difference concerning various groups of individuals (Abercrombie, Hill & Turner, 2006:190). Identity is associated with the meanings individuals and groups attach to their social reality, resulting in different forms of action. As such, it becomes one of the central political, scientific, and social topics in general. The book is structured in six chapters. Following the introduction, the first chapter presents the theoretical framework on which the conducted research is based. It goes on to elaborate on the concepts significant for a better understanding of the covered topic, in particular the concept of identity, the differences between the concepts of immigrant and refugee, as well as the frameworks of philosophical reflection on migration (the philosophy of politics and ethics). As confirmed both by our study and by numerous others, the discussion on the topic of identity represents an important element in understanding modern migrations. The third and fourth chapters lay out the research methodology, followed by the results and their interpretation. Chapter 5 provides conclusions and recommendations for further research and the establishment of a support network for the reception and integration of asylum seekers. The final chapter includes references to the literature used. (shrink)

Residence of unauthorized immigrants is a stable feature of the Global North’s liberal democracies. This article asks how liberal-democratic policymakers should respond to this phenomenon, assuming both that states have incontrovertible rights and interests to assert control over immigration and that unauthorized residence is nevertheless an entrenched fact. It argues that a set of liberal-democratic commitments gives policymakers strong reason to implement both so-called ‘firewall’ and ‘regularization’ policies, thereby protecting unauthorized immigrants’ basic needs and interests and officially incorporating many of (...) them in society. It then explains that the background imperative of immigration control creates a dilemmatic tension between these policies, as regularization is envisaged alongside the removal of the ineligible, which is in turn hindered by the implementation of firewalls. This creates a dilemma between the pursuit of two policy goals that are both underwritten by the same value commitments. Though it cannot be entirely dissolved, I argue that the best way to mitigate this dilemma is to design regularization policy in a way that leaves only a small number of unauthorized immigrants subject to removal. (shrink)

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a challenge to (...) another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)

Climate change threatens to infringe the human rights of many. Taking an optimistic stance, climate engineering might reduce the extent to which such rights are infringed, but it might also bring about other rights infringements. This Forum, leading off the special issue on climate engineering governance, engages three scholars in a discussion of three core issues at the intersection of human rights and climate engineering. The Forum is divided into three sections, each authored by a different scholar and discussing a (...) distinct aspect of this relationship. First, Toby Svoboda gives an overarching view of three competing approaches to human rights, grounded in philosophy; then, Holly Jean Buck looks at lessons from how the climate migration conversation brings a human rights approach to a climate policy issue; and finally, Pablo Suarez illustrates how a humanitarian approach to climate engineering works with a human rights framework. The conclusion of the Forum draws together points of overlap across the three sections and suggests a path forward for policy and research on this topic. Together, the sections show that climate engineering, should it materialize, will pose novel human rights challenges, and may well force reconsideration of how human rights are applied as a guide to action. (shrink)

This article focuses on the so-called “Area of Freedom, Security and Justice” (ASFJ), namely the policy field of the European Union (EU) that covers judicial and police cooperation, migration and asylum policies and the control of external borders. The article explores how the AFSJ has emerged and how, within it, the relationship between freedom and security has evolved over time and brought about a shift towards a “Security Union”.

The asylum system faces problems on two fronts. States undermine it with populist politics, and migrants use it to satisfy their migration preferences. To address these problems, asylum services should be commodified. States should be able to pay other states to provide determination and protection-elsewhere. In this article, I aim to identify a way of implementing this idea that is both feasible and desirable. First, I sketch a policy proposal for a commodification of asylum services. Then, I argue (...) that this policy proposal is not only compatible with the right to asylum, but also supported by moral considerations. Despite some undesirable moral features, a market in asylum facilitates the provision of asylum to those who need it. (shrink)

The aim of this article is to show that refusing to legalize the status of undocumented immigrants who have been long-term residents is a serious violation of human rights. The "right to have rights" ­ a term coined by Hannah Arendt and developed by Sheila Benhabib ­ should be construed first and foremost as the right to a legal existence. We take issue with consequentialists who warn that legalizing the status of undocumented aliens will encourage further undesirable immigration, for withholding (...) legal status in order to deter illegal newcomers is neither efficacious nor just. We conclude that "selective" as opposed to "endured" immigration policies are ethically untenable. (shrink)

In 2020, the European Union announced the award of the contract for the biometric part of the new database for border control, the Entry Exit System, to two companies: IDEMIA and Sopra Steria. Both companies had been previously involved in the development of databases for border and migration management. While there has been a growing amount of publicly available documents that show what kind of technologies are being implemented, for how much money, and by whom, there has been limited (...) engagement with digital methods in this field. Moreover, critical border and security scholarship has largely focused on qualitative and ethnographic methods. Building on a data feminist approach, we propose a transdisciplinary methodology that goes beyond binaries of qualitative/quantitative and opacity/transparency, examines power asymmetries and makes the labour of coding visible. Empirically, we build and analyse a dataset of the contracts awarded by two European Union agencies key to its border management policies – the European Agency for Large-Scale Information Systems (eu-LISA) and the European Border and Coast Guard Agency (Frontex). We supplement the digital analysis and visualisation of networks of companies with close reading of tender documents. In so doing, we show how a transdisciplinary methodology can be a device for making datafication ‘intelligible’ at the European Union borders. (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)