Abstract

Margit Osterloh and Bruno S. Frey have introduced a novel, and potentially powerful, vision of migration rights, on which European states might respond to the current crisis of migration by conditioning admission on the payment of an entry fee. In this comment, I raise a worry about the morality of a world governed by such a principle. While Osterloh and Frey foresee a world in which migration is made more sustainable, with benefits for all stakeholders as a result, I am worried their program would lead to a lessening of support for the moral principles that gave rise to the 1951 Convention Relating to the Status of Refugees. This Convention, I argue, ought to be preserved as a public statement of the principle that wealthy states have an obligation to bear some costs in the defense of human rights; Osterloh and Frey, I argue, might be undermining support for those moral principleswe currently have the most need to reinforce. Nevertheless, I argue that under emergency circumstances we might have a need for experimentation and political innovation, even if we are confident that what they produce will necessarily involve some degree of political wrongdoing; we might, in short, have a reason to try out proposals of the sort Osterloh and Frey defend, even if the moral worries I defend here are correct.