In liberal democracies that were British colonies, law constructs the linkages and distinctions between individual and political bodies. Legality re-iterates the form of an ancient construct called the King’s Two Bodies. The legal construction of these bodies ensures that their borders are continuously and perpetually contested and transgressed, and different modalities of power have arisen to take advantage of them. Additionally, in times of mass insecurity or crisis, we might believe that we need to fix our (personal or political) borders (...) and construct them in more solid ways. However, because other modalities of power take advantage of these borders, even if legal reconstruction can momentarily assuage concerns, it is argued here that legal processes construct borders around individual and political bodies to ensure the (re)production of those contests and crises. (shrink)

Normative theorists of migration are beginning to shift their focus away from an earlier obsession with whether the ‘liberal' or ‘legitimate’ state should have a right to exclude, and toward evaluation of how states engage in immigration control. However, with some notable exceptions – such as work of Rebecca Buxton, David Owen, Serena Parekh, and Alex Sager – this work tends not to focus on the global coordination of such control, and is still largely concerned with issues of membership. In (...) this paper I aim to show the value of shifting normative attention to the fundamentally interdependent nature of state control of migration, and the management of all forms of movement – not just settlement. This global management is greatly facilitated by the rapid digitisation of border controls. As such, I outline three aspects of the way digital border controls work – profiling, biometric identification, and the data sharing practices upon which they rest – and highlight ethical challenges of accountability, consent and the reach of the state, and entrenching global inequalities in access to movement. Ultimately, I hope to show that the globally interconnected nature of migration management is a combination of practices that normative theorists of migration should turn their attention to. (shrink)

Big data, artificial intelligence, and increasingly precise biometric techniques have given state and private organizations unprecedented scope and power for the surveillance and dataveillance of migrants. In many cases, these technologies have evolved faster than our legal, political, and ethical mechanisms. This paper, drawing on current discussions of justice and non-domination, proposes a non-domination-based ethics of digital surveillance and mobility, in which the legitimacy of these technologies depends on their avoidance of the arbitrary use of power. This allows us to (...) ethically assess new technologies and justify juridical, democratic, and administrative mechanisms. (shrink)

In recent decades, the boundaries of democratic polities have been increasingly contested in the field of democratic theory. The theoretical discussion has focused on the philosophical norms that should demarcate the boundaries of democratic constituencies. This article defends and explores an alternative approach that, instead of focusing solely on theoretical norms, theorizes democratic processes of boundary-making. This alternative approach addresses the multiplicity of intertwined boundaries bounding demos and agents capable of transforming and democratizing these multiple boundaries. I characterize a category (...) of agents who democratize symbolic everyday boundaries as transboundary associations. The democratization of the symbolic boundaries of everyday interactions is a necessary condition for the democratization of formal boundary-making, since in democratic orders and societies, institutions cannot simply impose boundaries on people. Transboundary associations produce sites for incipient democratic politics that transcend current institutional and symbolic boundaries, producing possibilities for reciprocal boundary-making. (shrink)

The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led (...) to deterritorialization of vast domains of the economy and the media which enable them to escape from state control, territorial presence, whether on terra firma or on vessels at sea which are functional surrogates for territorial sovereignty, continues to be the basis for the entitlement to human and citizens’ rights. We are facing a dual movement of deterritorialization and territorialization at once, both of which threaten the end of the 1951 Convention. This article is an exercise in non-ideal theory which, nonetheless, has implications for a seminal question in ideal democratic theory as to how to define and justify the boundaries of the demos. If the demos refers to the constitutional subject of a self-determining entity in whose name sovereignty is exercised, regimes of sovereignty, including those which govern the movement of peoples across borders, define the prerogatives as well as obligations of such sovereign entities under international law. The period ushered in by the 1951 Convention was such a sovereignty regime which today may be nearing its end. (shrink)

States cannot legitimately enforce their borders against migrants if dominant conceptions of sovereignty inform enforcement because these conceptions undermine sufficient respect for migrants’ basic human rights. Instead, such conceptions lead states to assert total control over outsiders’ potential cross-border movements to support their in-group’s self-rule. Thus, although legitimacy requires states to prioritize universal respect for basic human rights, sovereign states today generally fail to do so when it comes to border enforcement. I contend that this enforcement could only be rendered (...) legitimate if it was predicated on more desirable conceptions of sovereignty that supported the universal prioritization of basic human rights. Specifically, desirable conceptions would not establish and require absolute state sovereignty over borders as a necessary precondition for true popular self-governance. (shrink)