Self-Determination as the Ground and Constraint for the Right to Exclude

Social Theory and Practice 47 (2):299-329 (2021)
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Abstract

In this article, I show how the principle of democratic self-determination can answer the boundary problem by both grounding and constraining a people’s right to exclude potential immigrants. I argue that a people has the qualified right to exclude insofar as it respects the self-determination claims of outsiders. I analyze the concrete implications of the requirement to respect the self-determination claims of outsiders in the cases of long-term residents, refugees, and brain drain. Sometimes the only way for a people to respect the self-determination claims of outsiders will be by including, rather than excluding, them as members.

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Jonathan Kwan
New York University, Abu Dhabi

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