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)

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.

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)

Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes (...) autrement en situation régulière. La France, située en tête de classement en matière d’obligations de quitter le territoire et en fin de classement en matière d’immigration professionnelle, représente un cas d’école parmi les pays de l’Union Européenne. (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)

Dans l'opinion publique, la migration « irrégulière » est associée à l'entrée et au séjour non autorisés. Un nombre croissant d'études indiquent toutefois qu'elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d'immigration « irrégulière ». En effet, la multiplication des conditions d'accès à l'autorisation de travail a pour effet de priver de droit au séjour des personnes (...) autrement en situation régulière. La France, située en tête de classement en matière d'obligations de quitter le territoire et en fin de classement en matière d'immigration professionnelle, représente un cas d'école parmi les pays de l'Union Européenne. (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)

The research focused on the cross-boundary impacts of ecological changes on the livelihood of communities in three villages in Stung Treng province, Cambodia. The research objectives were to analyze river ecological changes and their drivers, and to explore the impacts of these changes on the livelihood of the communities. The research was conducted in Kraom, Kaoh Snaeng, and Tonsang villages. The study found that there have been significant changes in the environment of these villages. The fishery resources have declined between (...) 2019 and 2022 due to factors such as population growth, illegal fishing, loss of flooded forests, and the presence of hydropower dams. The extent of flooded forests has also significantly decreased, negatively impacting fish populations and the overall ecosystem. Water level fluctuations have become irregular since 2018, with lower water levels during the rainy season compared to previous years. Riverbank landslides have been a concern, posing threats to safety and livelihoods. Excessive algae growth in the rivers has also been observed. The research findings indicate a decline in income from fish catch in all three villages, with varying levels of stability. Expenses for food have also varied. Migration patterns have been observed, with individuals seeking better opportunities elsewhere due to the decline in fish stocks. Crop damages have been attributed to irregular flooding and fluctuating water levels, leading to a decrease in crop cultivation. Changes in water quality, including the presence of lime and algae, have impacted the well-being of the residents. Overall, the research highlights the need for interventions and support to address the economic challenges faced by the communities, mitigate the loss of equipment and housing, and improve water quality. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter examines refugeehood as (...) a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (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)

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)

Studying student migration trends is a significant task in studying human capital development as one of the leading factors in sustainable socio-economic development. The migration potential of students impacts the opportunities and prospects for sustainable development. The study of factors influencing the migration behavior of students acquires special significance in this article. The interpersonal competencies of the population impact its migration potential. Migration processes impact the differentiation of regions in terms of human capital. This article (...) is based on theoretical and practical research on human capital, its formation, development, and migration as a factor in human capital development. The practical part of the study presents an analysis of data obtained from a sociological study of the factors that determine internal and international migration. An anonymous sociological survey of students in Ekaterinburg, Kursk, and Tomsk (Russia) was conducted in several stages. The first stage was implemented in October and December 2020 (N = 958). The second stage was implemented in October and November 2021 (N = 960). This study allows for tracing how the COVID-19 pandemic affects the migration potential of students and their desire for a satisfactory career path. (shrink)

It is often argued that development aid can and should compensate the restrictions on migration. Such compensation, Shachar has recently argued, should be levied as a tax on citizenship to further the global equality of opportunity. Since citizenship is essentially a ‘birthright lottery’, that is, a way of legalizing privileges obtained by birth, it would be fair to compensate the resulting gap in opportunities available to children born in rich versus poor countries by a ‘birthright privilege levy’. This article (...) sets out a defence of three theses. The first states that equality of opportunity is incompatible with, and cannot be achieved in, segregated territories. The second posits that to believe that material equality compensates the injustice of restrictions on movement is to commit a ‘sedentarist mistake’. The third affirms that any citizenship levy, including the egalitarian and non-sedentarist formula I’m proposing, would be better understood as a penalty rather than a tax. (shrink)

En 2010, les femmes constituaient la majorité des migrants qualifiés présents dans 20 pays membres de l’OCDE. Comment expliquer l’absence d’intérêt pour le phénomène de « féminisation de la migration qualifiée » que ces statistiques permettent d’observer ? À l’inverse, comment comprendre l’engouement pour l’expression « féminisation de la migration » (tout court) alors que les données ne la confirment pas ? Pour répondre à ces questions, cet article analyse les usages de l’expression « féminisation de la (...) class='Hi'>migration » et identifie son origine dans la théorie de la division internationale du travail. Centrée sur une critique de la mobilité du capital, cette théorie prédit une féminisation de la migration et l’associe aux emplois peu qualifiés. Cependant, les recherches qui s’en inspirent risquent de perdre de vue le diplôme de l’enseignement supérieur qui représente le véritable passeport pour les femmes originaires des pays en développement. (shrink)

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

Many philosophers argue that the right of self-determination confers to states a right to exclude would-be migrants. Drawing on the case of anti-colonial struggles of the 20th century, I argue that self-determination should be thought of as fundamentally a claim against intergroup hierarchy. This means that self-determination only grants a right to exclude in cases where immigration poses a genuine oppressive threat. Cases involving immigration into wealthy and powerful states rarely meet this criterion, and so talk of self-determination as grounding (...) a right to exclude in such cases is misguided. (shrink)

Debates around the state-firm analogy as a route to justifying workplace democracy tend towards a static view of both state and firm, and position workplace democracy as the objective. We contend, however, that states and firms are connected to one another in ways that should alter the terms of the debate, and that the achievement of workplace democracy raises a new set of political issues about the demos in the democratic firm and ‘worker migration’ at the boundaries of the (...) firm. Our argument thus contains two key steps: First, drawing on an empirical case study of a worker-owned firm, we enrich the state-firm analogy by developing a more dynamic view of both, focussing on the creation of workplace democracies; worker movement in and out of them; the dynamic meanings of ‘citizenship’ within them; and the status of the unemployed in a world of democratic workplaces. We then argue that in moving to a more sociological view of the state, the things we were comparing begin to show their real-world connections to one another. By going beyond the idealised view of states that has distorted the state-firm analogy debates, we arrive at a more robust view of how widespread workplace democracy might reconfigure basic political relationships in society. (shrink)

The movement of people from one country to another in search of greener pasture, peaceful settlement and so on, has become very rampant in the world today. These same reasons have triggered internal migrations as well. Lives have been lost in the bid to circumvent immigration laws of countries by immigrants. The current spate of wars, political crises, natural disasters and hunger has led to increase in illegal migration in the world. Nigeria is not left out. We hear of (...) boundary clashes and insurgencies, which have resulted in illegal emigration to other countries basically in search of job opportunities and better living conditions. Nigerians have severally been repatriated from foreign lands. Recently, over five thousand Nigerians were repatriated from Libya. Nigeria has also played host to migrants from neighbouring countries, and has experienced internal migration in several parts of the country. The frequently asked questions are: “what role can religion play in curbing the spate of illegal migration and refugee crises in Cross River State, Nigeria? The research discovered that religion can be a veritable partner to government in resolving this ever-increasing menace that has become an embarrassment to the state and nation. This work adopted qualitative or explorative research method. It employed the content analysis approach in examining available printed materials on the subject matter. In view of its peculiarity, oral interviews were conducted on specific groups and individuals. This work proposes the involvement of religious organisations in preaching and teaching on the dangers of illegal migration, the provision of vocational training for our teaming youth population to reduce emigration, and the provision of counselling and resettlement programmes for the repatriated and those in refugee camps across the country. The work also encourages the government to evolve modalities to curb the spate of violence and bloodshed that has fuelled refugee crises in Cross River State and Nigeria in general. (shrink)

Editor's introduction to special issue of Essays in Philosophy: Migration and Mobility.

Au regard du vieux débat sur la « fuite des cerveaux », le devoir de promouvoir le développement des pays pauvres semblait incompatible avec le droit humain à l’émigration. A l’encontre de cette idée, Jagdish Bhagwati a proposé dans les années 70 une mesure qui permettait au personnel qualifié de quitter les pays pauvres, tout en taxant leur revenu au bénéfice de leurs pays d’origine. Cet article discute (et rejette) trois justifications possibles de la taxe Bhagwati. Il conclut qu’une telle (...) mesure ne peut être défendue ni comme une compensation pour ce que le pays aurait gagné si les diplômés n’avaient pas émigré, ni comme une obligation de réciprocité basée sur l’investissement dans l’éducation, ni comme une mesure de diminution de l’inégalité entre les opportunités des migrants et de ceux qui restent au pays. Si la mobilité géographique va de pair avec la mobilité sociale, taxer les migrants revient à taxer la mobilité sociale, plutôt que les hauts revenus eux-mêmes. (shrink)

Multiculturalism is not new concept Multiple cultures existed in Europe and Asia during the mediaeval period. The multicultural societies of Baghdad, Florence, and Venice played an essential role in the spread of knowledge and science. The knowledge transmitted from the House of Wisdom in Baghdad reached the multicultural societies of Venice and Florence. The Multiculturalism of Venice and Florence played an essential role in the emergence of the Renaissance in Europe. Multiculturalism became a crucial political concept in the 20th century (...) with the spread of democracy. In the post-World War II world, when the democratic system of governance spread as a universally accepted system of governance, the question of demand for political rights of multiculturalist groups and adjustment with the existing system arose. There was a massive increase in migration for various reasons, which also gave rise to many other political problems. Multiculturalism and migration got adequate space in Modood's political literature. He presented its socio-political analysis. In discussing the interrelationships between Multiculturalism and liberalism, the question of adjustment of many cultures in relatively less liberal systems provides an alternative perspective to understanding Multiculturalism through migration. -/- . (shrink)

Brain drain critiques and human rights advocates have conflicting views on emigration. From a brain drain perspective, the emigration harms a country when emigrants are skilled and the source country is poor. From the human rights perspective, the right "to leave any country, including one's own" is a fundamental right, protected for all, whatever their skills. Is the concern with poverty and social justice at odds with the right to emigrate? At the beginning of the l970s, the economist Jagdish Bhagwati (...) replied in the negative. He imagined a tax on the income earned by the skilled migrants in the destination country, to the benefit of the source country. He thus sought to reconcile the right to emigration and the brain drain effects. -/- This article argues that there is no need to tax skilled migrants in order to reconcile the right to emigration and social justice. Social justice is not incompatible with the right to emigration but rather with restrictions on mobility. If it is both the case that equal opportunities are a minimal requisite for social justice, and that access to opportunities implies freedom of movement, as I shall argue, then the brain drain criticism doesn't satisfy the minimal requirements of social justice. -/- The article is divided into three parts. Each part rejects one of the possible justifications of the Bhagwati tax, that is, as a way, for skilled migrants, (i.) to compensate the welfare loss occasioned to their country of origin; (ii.) to discharge for their obligation to the national community when it publicly financed their education; and (iii.) to compensate for the resulting inequality of opportunities between themselves and their non-migrant compatriots. (shrink)

The political theory of migration has largely occurred within a paradigm of methodological nationalism and this has led to the neglect of morally salient agents and causes. This article draws on research from the social sciences on the transnationalism, globalization and migration systems theory to show how methodological nationalist assumptions have affected the views of political theorists on membership, culture and distributive justice. In particular, it is contended that methodological nationalism has prevented political theorists of migration from (...) addressing the roles of non-state agents and of transnational economic, social and political structures. These agents and structures contribute to the asymmetrical distribution of goods and opportunities and thus have important implications for debates about migration and distributive justice. (shrink)

The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such (...) as travel, short-term and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border controls, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory. (shrink)

The article focuses on the nature of the modern knowledge society, which is characterized, first of all, by a sharp increase in intellectual capital (education, experience, skills, competencies, know-how, the price of personnel in the labor market, patents, etc.) in the amount of capitalization of large business. The knowledge society is a society of high social dynamics, the embodiment of the migration archetype, of rational discourse and intellectual work, which realizes the well-known thesis “Knowledge is power” in a new (...) way. The last three decades, Nico Stehr, a well-known German sociologist and philosopher has been rethinking, reformulating, and substantiating the theories of the knowledge society, which appeared in the 1960s. The article investigates Stehr’s concept, expresses arguments in its support, and highlights some blank spots that remain inexplicable for him in the light of the social realities of recent years. The conclusion runs that the knowledge society represents a significant social trend in the formation of science and technology as a leading productive force. It also manifests a form of the urban discourse of freedom — the cognitive self-realization of the individual in the spectrum of wide possibilities of the public good as a subject-matter of epistemological urban studies. However, this trend is countered by modern knowledge capitalism (privatization, fencing off of knowledge, including that with the help of patents), as well as by the high degree of risk and uncertainty that dominates the modern world. (shrink)

Global processes significantly affect the mobility of the population. In the context of geopolitical transformation, globalization and quarantine restrictions of Covid-19, it is important to predict the development of the migration movement of countries that are developing. Therefore, the article is aimed at modelling migration changes according to alternative scenarios using the example of Ukraine. The theoretical and methodological basis of the research is formed by a number of scientific works of leading scientists from different countries, statistical information (...) on migration processes and socio-economic indicators of Ukraine’s development, economic, mathematical and scenario methods. In the course of the study, the main factors were identified that more affect the migration processes of Ukraine, taking into account the trends in the impact of Covid-19 on them. These include population size, life expectancy, GDP per capita, average monthly wages, and the volume of remittances from individuals to Ukraine. With the help of correlation-regression analysis, a multivariate econometric model of migration growth (reduction) has been built. This made it possible to study the absolute and relative influence of factors on the magnitude of the migration increase (decrease), determine the potential reserves for its increase (decrease), evaluate them using a comparative analysis and carry out predictive calculations of the volume of migration increase (decrease) in Ukraine. (shrink)

Culture and socialization influence how individuals perceive and express emotional distress. Research therefore, must consider the context to capture individual experiences. However, the majority of studies on factors associated with emotional distress among migrants use quantitative approaches, limiting an in-depth understanding. This study investigates emic themes of emotional distress among Vietnamese migrants by integrating anthropological and psychiatric approaches. The mixed methods study first quantified differences in reported themes of distress between Vietnamese (n = 104) and German (n = 104) patients, (...) who utilized two psychiatric outpatient clinics in Berlin, Germany. Based on these differences, ethnographic interviews were conducted with 20 Vietnamese patients. In the quantitative part, differences in frequency of reported distress between Vietnamese and German patients indicate cultural and migration-related issues among Vietnamese migrants, such as the upbringing of children in a transcultural context. In the qualitative part, interviews with Vietnamese patients elicited contextualizing information and additional themes of distress. Besides commonly expressed socioeconomic themes, such as work and finances, we identified affectively charged themes concerning roles toward partnership and children. A central emic theme is expressed as “moments of speechlessness,” which go beyond a lack of language proficiency and challenge patients in different spheres of life. Migration entails complex affective dynamics, determined by a specific migratory and post-migratory context. Within this context, norms and values determine which themes of distress patients articulate openly. Therefore, an interdisciplinary, mixed-methods approach can yield a contextualized understanding of emotional distress and the complex nature of migration. (shrink)

I revisit themes from Against Borders: Why the World Needs Free Movement of People (2020) in dialogue with Gillian Brock's Justice of People on the Move (2020) and Sarah Song's Immigration and Democracy (2019). We share the conviction that current border regimes are deeply unjust but differ in what migration justice requires. Brock and Song continue to give states significant discretion to exclude people from entering and settling in their territories, whereas I contend that migration justice demands open (...) borders. I reject the claim that state self-determination justifies migration restrictions. Central arguments for open borders highlight the role that restrictive border controls and the state category of ‘immigrant’ play in upholding racialised hierarchies and exploitative economic relations, as well as in inflicting violence against mobile people. (shrink)

Air pollution is a considerable environmental stressor for urban residents in developing countries. Perceived health risks of air pollution might induce migration intention among inhabitants. The current study employed the Bayesian Mindsponge Framework (BMF) to investigate the rationale behind the domestic and international migration intentions among 475 inhabitants in Hanoi, Vietnam – one of the most polluted capital cities worldwide. We found that people perceiving more impacts of air pollution in their daily life are more likely to have (...) migration intention. The effect of perceived air pollution impact on international migration intention is stronger than that of domestic migration. Acknowledging a family member’s air pollution-induced sickness moderated the association between perceived air pollution impact and domestic migration intention, while the personal experience of air pollution-induced sickness did not. In contrast, the moderation effect of personal experience of sickness became significant in the international migration circumstance, but the effect of information about a family member’s sickness was trivial. The findings suggest that urban inhabitants’ consideration of air pollution averting strategies reflects some characteristics of Homo Oeconomicus. Additionally, the individual’s socio-economic decision is seemingly insignificant on a social scale. Still, through environmental stressors as catalysts, such decisions might result in considerable social outcomes (e.g., internal migration and emigration). (shrink)

This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source (...) countries and by admitting people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists. (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)

This article discusses the rights enjoyed by irregular combatants in detention, that is, members of organized groups (who may be fighting an insurgency or engaging in terror attacks) who fail to qualify for POW status. The paradigmatic example of such a detainee would be an al-Qaeda agent.

The challenge of developing humane migration and refugee politics in Western states is far from resolved. This ongoing failure is typically attributed to the increased influence of right-wing populism and neo-fascism in Western migration politics. In this article I discuss a more radical explanation: Christoph Menke argues that political liberalism and its framing of migration as an issue of subjective human rights is the deeper root of the problem. While the merit of Menke’s approach is its criticism (...) of subjectification through individual rights that blocks politics, I show that his Critique of Rights may lead to an anti-pluralist and paternalistic ‘radical republicanism’. To react to this problem, I propose a ‘reflective liberalism’ that allows to criticise subjectification without abandoning the form of individual rights. This position, which I develop through a discussion of Foucault’s concept of ‘freedom as critique’, shows that in addition to protecting minorities such as migrants, individual rights turn out to be part of a regime of critical subjectification that constitutes critical subjects. Such critical subjectification by law can help to break through the blockade of politics that prevent the development of humane migration and refugee politics. (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)

he paper analyses migration flows from the Philippines in two gendered occupations: domestic helpers and computer programmers. The international division of labour theory claims that foreign investment determines migration from developing countries, especially of women, towards low-skilled gendered occupations in developed countries. This paper shows that the division of labour is neither gendered nor international in the predicted sense. For instance, data from Philippines Overseas Employment Agency shows that the theory is Eurocentric as Northern America and Europe are (...) destinations for only 3 per cent of domestic workers’ flows. The paper argues that neo-Marxism creates bias in gender and migration research and hinders understanding of important gendered effects concerning migrants. Two examples of such gendered effects are highlighted here: the higher vulnerability to legislative change of migrant men employed as domestic workers in Italy and the higher penetration of women into computer programming in the migrant flows to the U.S. (shrink)

Migrant women are often stereotyped. Some scholars associate the feminization of migration with domestic work and criticize the “care drain” as a new form of imperialism that the First World imposes on the Third World. However, migrant women employed as domestic workers in Northern America and Europe represent only 2% of migrant women worldwide and cannot be seen as characterizing the “feminization of migration”. Why are migrant domestic workers overestimated? This paper explores two possible sources of bias. The (...) first is sampling: conclusions about “care drain” are often generalized from small samples of domestic workers. The second stems from the affect heuristic: imagining children left behind by migrant mothers provokes strong feelings of injustice which trump other considerations. The paper argues that neither source of bias is unavoidable and finds evidence of gender stereotypes in the “care drain” construal. (shrink)

The movement of people across borders is one of the most pressing issues of our time. Yet it is still unclear how migration should be regulated to be fair to the sending societies, the host societies and the individual migrant. What is at issue? Are we discussing migration from an ethical or from a political philosophical perspective, or both? Are we discussing migration from a global justice perspective or social justice perspective? Do we consider political legitimacy and (...) democratic self-determination as part of our analysis? How should we balance demands of justice in immigration compared to those of emigration? (shrink)

While many argue investment-based criteria for immigration are wrong or at least problematic, skill-based criteria remain relatively uncontroversial. This is normatively inconsistent. This article assesses three prominent normative objections to investment-based selection criteria for immigrants: that they wrongfully discriminate between prospective immigrants that they are unfair, and that they undermine political equality among citizens. It argues that either skill-based criteria are equally susceptible to these objections, or that investment-based criteria are equally shielded from them. Indeed, in some ways investment-based criteria (...) are less normatively problematic than skill-based criteria. Given this analysis, the resistance to investment-based migration criteria, but not to skill-based criteria, is inconsistent. (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)

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.

La « féminisation de la migration internationale » constitue la nouvelle formule magique de nombreuses études migratoires. Or, depuis un demi-siècle, la part des femmes dans la migration internationale n’a pas vraiment augmenté. En revanche, les femmes représentent aujourd’hui plus de la moitié des migrants diplômés de l’enseignement supérieur dans les pays de l’OCDE. Pourtant, cette féminisation de la migration qualifiée est moins souvent discutée. Comme si les diplômes des femmes migrantes devaient rester aussi invisibles dans la (...) recherche que sur le marché du travail. (shrink)

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)

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)

From a problem that concerned only a small number of people, migration has become a constant concern both nationally and internationally. The concrete realities in different regions have become over time subjects of analysis and reflection in order to find solutions that meet the many theoretical and practical issues raised by migration. In Romania people are increasingly discussing about migration and its implications on all sectors of human life. In this context, the Romanian Orthodox Church is called (...) by his priests, to contribute to the integration of people of other nationalities, cultures and beliefs that are established here and at the same time, to help her spiritual children living and working in different parts of the world to preserve and to confess their Orthodox Christian faith. Moreover, it should take care of their families in the country and to contribute to the education of children, whose parents are away, in the spirit of the Christian tradition. (shrink)

In this essay, I argue that even when they appear to help, restrictions on migration are usually only an impediment, not an aid, to cosmopolitan justice. Even though some egalitarian cosmopolitans are well intentioned in their support of migration restrictions, I argue that migration restrictions are (i) not truly cosmopolitan and (ii) will not have the kinds of consequences they expect. My argument in defense of this claim begins, in section 1, by outlining a defense of (...) class='Hi'>migration restrictions based on egalitarian cosmopolitan grounds. Then in sections two and three, I reply to the harms this position associates with open borders and provide some reasons as to why restrictions on migration are incompatible with cosmopolitan justice. (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).

How did immigrant scholars such as Rudolf Carnap, Max Horkheimer, and Alfred Schütz influence the development of American philosophy? Why was the U.S. community more receptive to logical empiricism than to critical theory or phenomenology? This volume brings together fifteen historians of philosophy to explore the impact of the intellectual migration. -/- In the 1930s, the rise of fascism forced dozens of philosophers to flee to the United States. Prominent logical empiricists acquired positions at prestigious U.S. universities. Critical theorists (...) moved their Frankfurt School to Columbia University. And a group of phenomenologists taught at the New School for Social Research. Though many refugee scholars acquired some American following, logical empiricism had the biggest impact on academic philosophy. The exiled empiricists helped the country turn into a bastion of ‘analytic philosophy’ after the war. Phenomenology and critical theory became prominent schools from the 1970s onwards and continue to be influential in American philosophy today. -/- This is the first book to investigate to the migration from an integrated perspective, bringing together historians of American philosophy, logical empiricism, phenomenology, and critical theory. (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)