Is there a human right to free movement? Immigration and original ownership of the earth

Notre Dame Journal of Law, Ethics and Public Policy 23 (1):166 (2009)
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Abstract

1. Among the most striking features of the political arrangements on this planet is its division into sovereign states.1 To be sure, in recent times, globalization has woven together the fates of communities and individuals in distant parts of the world in complex ways. It is partly for this reason that now hardly anyone champions a notion of sovereignty that would entirely discount a state’s liability the effects that its actions would have on foreign nationals. Still, state sovereignty persists as a political fact. The number of states has increased enormously due to upheavals of the 20th century, and there is nothing in principle morally wrong with the existence of states - or so we will assume.2 What must be explored, then, are the limits of normatively plausible sovereignty. How bad does a government have to be for outsiders to be allowed to interfere? What responsibilities does a country incur because of its contribution to global warming? What obligations arise through trading? In this paper, we explore another pertinent question: to what extent is a country allowed to influence who lives on its territory by regulating immigration? The angle from which we approach this question continues to be neglected even now that questions of global justice are receiving much attention. Immigration amounts to a change in political relationships as immigrants alter their standing within one community and acquire a status elsewhere. Yet it also amounts to an alteration in physical relationship, since they acquire a relationship to a territory, making a life for themselves with the resources offered by a part of the earth.3 We base our exploration of..

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Mathias Risse
Harvard University

Citations of this work

Global equality of resources and the problem of valuation.Alexander Brown - 2016 - Critical Review of International Social and Political Philosophy 19 (5):609-628.

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References found in this work

World Poverty and Human Rights.Thomas Pogge - 2002 - Ethics and International Affairs 19 (1):1-7.
Political Theory and International Relations.Charles R. Beitz - 1979 - Princeton: Princeton University Press.
Spheres of Justice: A Defense of Pluralism and Equality.Michael Walzer - 1983 - Journal of Business Ethics 4 (1):63-64.
An essay on rights.Hillel Steiner - 1994 - Oxford, UK ;: Blackwell.

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