States more or less universally claim discretionary rights to decide who may or may not cross their boundaries, and to use force and violence to ensure compliance with these decisions. The justification of these practices has received much attention, but I think there is an important underexplored element of this debate. I argue that, in order to provide a plausible justification, it is indispensable to ask questions about feasibility. Any plausible defence of anything like the kind of border (...) class='Hi'>control regime actually in force will need to pay close attention to social scientific research into feasible alternatives. (shrink)

How might we historicize the idea of border control? If state borders can be understood as institutional sites of governance, what forms of governance do they enact? This article asks what insights Foucauldian political sociology might offer these questions. Drawing on Deleuze's analytic of ‘control’, the article seeks to bring new meaning to the idea of border control. Under standing control as a particular technology of power, special attention to the changing topography of (...) class='Hi'>border control as well as the changing subjectivities presupposed by this form of power is paid. (shrink)

Publication date: 24 January 2019 Source: Author: Timurlenk Chekovik, Jugoslav Achkoski The control of migrants in Europe has become increasingly challenging, marked by a number of illegal border-crossing. It revealed a crisis without equivalent since World War II. The European borders are now one of the most affected by migrants from Asia and Africa. Border police is the most responsible for the first interview with the asylum seeker. In terms of basic contribution to the asylum procedure, good (...) cooperation between the border police and the services of asylum is of primary importance. There is a need of risk assessment. While the risk assessment is made there can be a violation of the humanitarian aspect of conducting regular border check. By determining the race and color of migrants, screening made on the border crossing can put legality of the border police actions in question. The Humanitarian efforts with border management, cooperation between the government services and use of appropriate methodology are an important segment handling migrant crisis. One of the known methodologies is Analysis of Competitive Hypotheses used to better assess the choice of a suitable place for migrants and their acceptance or readmission. Тhe procedure for vulnerable categories of citizens can jeopardize the legality and the manner of dealing with illegal migrants and this arises from the legal and physical protection of persons seeking asylum. The `politics of pity' changes into psychological cases to be governed by risk technologies within a `politics of risk', the humanitarian and security interventions are shown to be in no way mutually exclusive. (shrink)

This paper discusses what implications global luck egalitarianism (GLE) has for border control. Some authors suggest that an open‐borders policy follows from GLE. The idea is that various unchosen inequalities inevitably follow from differences in birthplace, such that GLE will always have principled reason to condemn closed borders. Others are skeptical of the assumption that GLE will have liberal implications for border control, because open borders may have other, adverse effects that outweigh the reductions in unjust (...) inequality. Against such skeptics, we argue that GLE will (typically) have quite liberal implications for border control. However, this connection is not a principled one: Whether (and to what extent) GLE favors opening or closing borders will depend upon empirical circumstances. (shrink)

This symposium brings into conversation normative political theory on migration and critical border/migration studies, with a particular focus on digital border control technology. Normative theorists have long been concerned with questions about the extent and nature of control over migration that the state should exercise, and the balance of rights and duties between states and migrants. To date, however, there has been little reflection among such theorists on digital border control technology. Critical border/migration (...) studies scholars, on the other hand, have paid considerable attention to the rapid development of digital technology in the border control/mobility management space, and revealed a range of problems with the technology itself and the ways it is deployed. What has thus far been lacking, however, is sustained ethical reflection on what should be done about the use of this technology. The papers in this symposium thus seek to bring these two groups of scholars together and to prompt what we hope will be a sustained conversation on these rapidly evolving and deeply problematic practices. This introduction contextualises the issue at the heart of this symposium – the rapid expansion of digital border controls and the ethical challenges that these pose – and offers brief summaries of the contributions. (shrink)

The steep rise in small boat crossings across the English Channel is deeply worrying. Ever more lives are put at risk in making the 21-mile journey. Human trafficking gangs trade in human misery. The UK’s asylum system is put under additional strain and at ever higher cost to taxpayers. The public has lost trust in the Government to put this right. In order to address the problem, we must understand it and grasp its underlying causes. A key issue is that (...) the Government did not see the problem of small boat crossings as a consequence of its policy failures, most notably its failure to secure a post-Brexit returns arrangement with the EU. An effective plan to deal with small boat crossings is urgently needed to win back public confidence, to save lives, to improve our asylum system and help put illegal human traffickers out of business. This Report is an attempt to outline such a plan with over a dozen recommendations. (shrink)

Arash Abizadeh claims that ‘[a]nyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries’. He bases this conclusion on the premise that ‘to be democratically legitimate, a state’s regime of border control must result from political processes in which those subject to it—including foreigners—have a right of democratic participation’. I shall argue that this premise, even if it were correct, does not support the conclusion since (...) ‘democratic legitimacy’ is morally irrelevant: that something is ‘democratically illegitimate’ in no way suggests, let alone implies, that it is also morally impermissible or contravenes a moral right. I shall consider counter-arguments advanced against this objection by Maxime Lepoutre and Abizadeh himself and argue that they fail. Thus there is no valid democratic argument against border coercion. (shrink)

Japan has often been regarded as an ethnically homogeneous society whose restrictive immigration policies reflect the deep-seated cultural peculiarities of this ‘island nation’. By contrast, I shall argue that Japan’s post- 1945 cultural separation from the other countries of East Asia, and its strict border controls, were to a large extent products of Cold War politics. The postwar democratization of Japan went hand in hand with the introduction of tight restrictions on cross-border mobility: restrictions which had profound consequences (...) for the rights of ethnic minorities in Japan (particularly Koreans and Taiwanese). An exploration of the emergence and impact of this border control regime casts new light, not just on Japan’s role in the Northeast Asian region, but also on key limitations of nation-state centred notions of liberal democracy. (shrink)

Purpose– Investments in the technologies of borders and their securitisation continue to be a focal point for many governments across the globe. This paper is concerned with a particular example of such technologies, namely, “Big Data” analytics. In the past two years, the technology of Big Data has gained a remarkable popularity within a variety of sectors, ranging from business and government to scientific and research fields. While Big Data techniques are often extolled as the next frontier for innovation and (...) productivity, they are also raising many ethical and political issues. The aim of this paper is to consider some of these issues and provide a critical reflection on the implications of using Big Data for the governance of borders.Design/methodology/approach– The author draws on the example of the new Big Data solution recently developed by IBM for the Australian Customs and Border Protection Service. The system, which relies on data collected from Passenger Name Records, aims to facilitate and automate mechanisms of profiling enable the identification of “high-risk” travellers. It is argued that the use of such Big Data techniques risks augmenting the function and intensity of borders.Findings– The main concerns addressed here revolve around three key elements, namely, the problem of categorisation, the projective and predictive nature of Big Data techniques and their approach to the future and the implications of Big Data on understandings and practices of identity.Originality/value– By exploring these issues, the paper aims to contribute to the debates on the impact of information and communications technology-based surveillance in border management. (shrink)

This article presents the case against immigration controls. Nation states, which are giving up controls on the movement of goods and capital, nevertheless still try to control the movement of people. Like controls under apartheid, immigration controls will eventually become untenable. They are also a relatively recent phenomenon. The actions of the governments of the rich countries, their international agencies and corporations increase both the opportunities and the need for migration. Together with arms sales and support for right-wing repressive (...) regimes, they bear much responsibility for the wars and persecution from which people are forced to flee. The strongest reason for abolishing immigration controls is the increasingly harsh suffering they impose on refugees and migrants, largely to deter others. In the process, they undermine many human rights, including potentially those of existing residents. (shrink)

What are libertarian open borders advocates even advocating for? Is it, as the title to Michael Huemer’s influential essay suggests, a prima facie “right to immigrate”? Or is it, as the branding connotes, literal open borders, or a strong prima facie moral right to free movement across borders that entails a right to immigrate? In this paper, I peel apart the view that people have a strong moral right to freely cross international borders, or "open access," from the view that (...) non-citizens have a right to immigrate, which I will call "open residence." As radical as open residence is, open access is even more extreme; so whether open borders ideology commits one to open access matters to its plausibility. At times it can seem that libertarian open borders advocates, by emphasizing our prima facie right to free movement, call for open access. Nonetheless, I suggest that libertarian open borders advocates should content themselves with mere open residence, even though open residence is compatible with tight border controls and even border walls—policies which they might (rightly or wrongly) object to for independent reasons. (shrink)

This chapter introduces and discusses the concepts that are in-depth articulated in the volume. International migration is presented here as a test bench where the normative limits of institutional order, its contradictions and internal tensions are examined. Migrations allows to call into question classical political categories and models. Pointing at walls and fences as tools that reproduce enormous inequalities within the globalized neo-liberal system, this chapter presents the conceptual tensions and contradictions between migration policies and global justice. We challenge the (...) conceptualization of justice as a relationship between citizens of the same country and the State and argue that, in our globalized world, nation-state cannot constitute the basic unit of the theories of justice. We argue that an integral approach that includes the complex and interconnected forms of structural inequalities and transcends the borders of national sovereign states is required. Avoiding the methodological nationalism and the exclusionary biases that inform current migration and border control policies, this chapter finally places attention on the most marginalized subjects of the migration chain: migrant women workers. We point out the importance of addressing transnational structural inequalities and bringing social reproduction to the center of global justice theories. (shrink)

This article aims to examine the racialized forms of violence enacted by contemporary border regimes by rethinking border deaths as “forced disappearances." Although “forced disappearance” is often associated with military dictatorships, I extend it to border control policies that push migrants beyond the pale of the law, make it difficult to find out about their fates or whereabouts, and render their lives disposable. In thinking about border deaths as forced disappearances, I move beyond the strictly (...) juridical meaning of this term and foreground its phenomenological resonances to inquire into the conditions of appearance and disappearance, including the social structures, normative orders, and representational frameworks that make and unmake one’s relations to the world and other living beings. To undertake such an inquiry, I engage with Frantz Fanon's works and examine how borders establish racialized partitions among both the living and the dead. The analysis highlights how certain elements of colonialism—spatial compartmentalization, racial immobilization, routinized violence, legalized lawlessness—reappear within border governance. It also points to the crucial role that law plays in legitimizing racialized state violence in border control. (shrink)

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This (...) position, however, is inconsistent with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

Certain states in the Global North have responded to refugees seeking safety on their territories through harmful practices of border violence, detention, encampment and containment that serve to prevent and deter refugee arrivals. These practices are ostensibly justified through an appeal to a right to control borders. This paper therefore assesses whether these harmful practices can indeed be morally justified by a state’s right to control borders. It analyses whether Christopher Heath Wellman’s account of a state’s right (...) to freedom of association, which represents the most restrictive account of a state’s right to control borders available in the literature, can extend to justify current harmful practices against refugees. If not, then no available justification will be able to do so, and thus contemporary harmful practices used against refugees cannot be justified by a state’s right to control borders. (shrink)

This paper advances a historical and philosophical explanation of the dynamics of irregular migration and the EU-external border policy in Africa. The refugee crisis in Europe has led to tougher security measures, including the EU’s externalization of its boundaries to transit countries with serious implication for human security and regional stability in Africa. In re-assessing the foundation of international migration policies through historical and philosophical lenses, this work brings to the fore the internal contradictions in EU-external border policy (...) in Africa. Whereas migration studies have drawn insights from political and applied moral philosophy, this approach is rare in the debate on irregular migration and informal transborder flows between the EU and Africa. The article particularly unveils the inter-relational complexity between globalization, migration, human rights and development. The approach is qualitative based on the critical analysis of ethnographic survey, government documents, mass media reports and existing literature. Underpinned by the philosophical tenets of the Hobbesian “collective right” and Lockean concept of “inalienable” human rights, as well as the discourse on the “priority thesis”, it concludes that the resolution of the migration dilemma lies in the ethical modification of the immigration laws in line with the universal notion of democratic values, the rule of law, human rights and the reality of global inter-connectivity. Keywords: Africa, External Border Control, European Union, Development, Human Rights, Irregular Migration; Priority Thesis. (shrink)

Normative debates on migration control, while characterised by profound disagreement, do appear to agree that the state has at least a prima facie right to prevent the entry of security threats. While concern is sometimes raised that this ‘security exception’ can be abused, there has been little focus by normative theorists on concrete practices of security, and how we can determine what a ‘principled’ use of the security exception would be. I argue that even if states have a right (...) to prevent migrants from entering on grounds of security, the practices required to implement this right will likely compromise core liberal democratic values in ways that have not been sufficiently appreciated. I draw on literature from Science and Technology Studies and Critical Security Studies to examine the proliferation of digital border control technologies which are increasingly dominating state security practices, and explain the challenges these technologies pose to non-discrimination, liberty and equality. I also highlight the difficulties of taking these principles as presumptive limitations on the operation of the security exception. A more sustained conversation among ethical theorists is needed to address the profound ethical challenges that the ever-increasing use of these technologies poses, particularly in pursuit of security. (shrink)

Social sorting of migrants and travellers based on data stored in information systems is at the centre of border controls and mobility management in Europe. Recent literature finds that the inclusion-exclusion distinction is insufficiently equipped to do justice to the variety of classifications that is being applied. Instead, a proliferation of refined categorizations determines the outcome of visa and permit applications. This article explores the ‘administrative ecology’ in between the two extremes of inclusion and exclusion. It claims information technologies (...) encourage the emergence of an intermediary category of ‘non-publics’ situated between the level of groups and the level of individuals. The ontological and normative status of these ‘non-publics’ will be analysed by using some key notions of Actor-Network Theory. (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)

[EN] In this article we argue for a world in which open borders are the rule and not the exception. This argument is based on the general recognition of ius migrandi as a basic right of persons. An open-border immigration policy is preferable—at least from a normative standpoint—to the typical policies designed to control or block borders through the simplistic mode of constructing walls. On the basis of a global conception of distributive justice as suggested by cosmopolitan egalitarians, (...) we claim that open-door policies—or, failing in that, the implementation of a system of economic compensation for poor countries—provide powerful means to respond to the enormous inequalities that exist between countries and represent an appropriate way to order current migratory flows. [ES] En este artículo se arguye a favor de un mundo en donde las fronteras abiertas sean la regla y no la excepción. Para ello, se presentan dos tipos de argumentos. El primero se basa en el reconocimiento general del ius migrandi como un derecho fundamental de las personas. Además de un modo idóneo de ordenar los actuales flujos migratorios, una política migratoria de fronteras abiertas es preferible, al menos desde un punto de vista normativo, a las habituales políticas diseñadas para controlar o bloquear las fronteras mediante la construcción de muros. El segundo se asienta sobre una concepción global de la justicia distributiva desarrollada por los igualitaristas cosmopolitas, se sostiene que una política de puertas abiertas –o, en su defecto, un modelo de compensación económica– constituiría un modo de responder a las enormes desigualdades existentes entre los países. (shrink)

In this article, I interrogate how the UK government constructs and manipulates the idiom of the vulnerable female, trafficked migrant. Specifically, I analyse how the government aligns aspects of its anti-trafficking plans with plans to enhance extraterritorial immigration and border control. In order to do this, I focus on the discursive strategies that revolve around the UK’s anti-trafficking initiatives. I argue that discourses of human trafficking as prostitution, modern-day slavery and organised crime do important work. Primarily, they provide (...) the government with a moral platform from which it can develop its regulatory capacity overseas. It is not my intention to suggest that the government’s anti-trafficking plans are superficial, and that extraterritoriality is the sole driver. On the contrary, I argue that complex interrelationships exist and while the government’s interest in protecting vulnerable women from sexual exploitation may seem to be paramount, I assert that in fact it intersects with other agendas at key points. I consider how government action to protect vulnerable women in trafficking ‘source’ and ‘transit’ countries such as development aid and repatriation schemes relate to broader legal and political concerns about protecting the UK from unwanted ‘Others’. (shrink)

Normative reflection on the ethics of migration has tended to remain at the level of abstract principle with limited attention to the practice of immigration administration and enforcement. This paper explores the implications of this practice for an ethics of immigration with particular attention to the problem of bureaucratic domination. I contend that migration administration and enforcement cannot overcome bureaucratic domination because of the inherent vulnerability of migrant populations and the transnational enforcement of border controls by multiple public and (...) private actors. The implication is that even if restrictive immigration policies are permissible in principle, the attempt to enforce them leads to injustices that make them ethically unacceptable in practice. (shrink)

Establishing biotic borders was part and parcel of empire building. The question of which kinds of biological species were permitted to make their way into North American and West European territories shaped transregional border control in the imperial age. Biotic borders were intensely biocultural in that stereotypes around race and ethnic differences shaped them. Drawing on examples from the history of white ants (also known as termites) in the American and British empires, this essay argues that insects had (...) a sustained and global presence in modern imperial imaginations of borders and frontiers. (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)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU (...) class='Hi'>border regime. In contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

In philosophical debates about immigration, one of the most prominent arguments asserts that a state’s citizenry has a right to unilaterally control its territorial borders by virtue of its right to self-determination. This is the self-determination argument. The present article demonstrates that this argument is internally undermined by the Coercion Principle, according to which all persons subjected to coercive political power are entitled to an equal say in exercising that power. First, whichever way the self-determination argument identifies the relevant (...) self-determining self, it is bound to rely on the Coercion Principle. Specifying the self politically involves appealing to the Coercion Principle, as it is a core principle of democratic theory. Alternatively, specifying a pre-political self fails to circumvent this problem, as a similar issue arises further down the argumentative line, when inferring the right to unilaterally control borders from the right to self-determination. Finally, since border controls coerce would-be immigrants, this reliance on the Coercion Principle renders the self-determination argument self-defeating. (shrink)

In 2020, the European Union announced the award of the contract for the biometric part of the new database for border control, the Entry Exit System, to two companies: IDEMIA and Sopra Steria. Both companies had been previously involved in the development of databases for border and migration management. While there has been a growing amount of publicly available documents that show what kind of technologies are being implemented, for how much money, and by whom, there has (...) been limited engagement with digital methods in this field. Moreover, critical border and security scholarship has largely focused on qualitative and ethnographic methods. Building on a data feminist approach, we propose a transdisciplinary methodology that goes beyond binaries of qualitative/quantitative and opacity/transparency, examines power asymmetries and makes the labour of coding visible. Empirically, we build and analyse a dataset of the contracts awarded by two European Union agencies key to its border management policies – the European Agency for Large-Scale Information Systems (eu-LISA) and the European Border and Coast Guard Agency (Frontex). We supplement the digital analysis and visualisation of networks of companies with close reading of tender documents. In so doing, we show how a transdisciplinary methodology can be a device for making datafication ‘intelligible’ at the European Union borders. (shrink)

Abizadeh has argued that because border controls coerce would-be immigrants and invade their autonomy, they are entitled to participate in the democratic institutions that impose those controls. In reply, the author distinguishes between coercion and prevention, shows that prevention need not undermine autonomy, and concludes that although border controls may restrict freedom, they do not give rise to democratic entitlements.

Purpose – This paper aims to examine the primary fundamental rights concerns related to biometrics and their use in automated border controls, as well as how these issues converge in the European Commission’s Smart Borders proposal. Design/methodology/approach – This paper draws on extensive background research and qualitative in-depth interviews conducted in 2013 for the European Union FP-7 project “FastPass – A harmonized, modular reference system for all European automatic border crossing points”. Findings – The Smart Borders proposal not (...) only compounds the individual concerns related to the use of biometrics in border controls and automatisation thereof, but also has serious issues of its own, premier among which is the imposition of a two-tier border control system. Social implications – The paper is a catalyst for open debate on the fundamental questions of how we got to this point and where do we want to go. It questions the process by which the increased use of IT in border controls has become the norm and policy trend in Europe, and discusses where the limits could be drawn from a fundamental rights perspective. In particular, it warns against the institutionalisation of a two-tier border control system among third-country nationals. Originality/value – Little attention is given to the fundamental rights concerns raised for EU and non-EU citizens as related to biometrics and their use in ABCs, and how these issues are reproduced in the Smart Borders proposal. The paper fills this gap by taking a bottom-up approach: examining the implications of individual elements of the proposal to see their impact on the broader policy. (shrink)

There is a growing movement advocating for using closed border policies as a tool for solving the climate crisis. On this view, which I call the green border argument, fighting climate change requires drastic reductions in the global population and/or per capita greenhouse gas (GHG) emissions. However, immigration into high-income countries—particularly from low-income countries—increases per capita emissions while leaving the population untouched. Therefore, the green border theorist argues, we should limit entry into high-income countries. I explain why (...) this is a mistake and why the political left should embrace a pro climate and pro migrant politic. -/- First, the argument significantly overstates the impact of immigration on global GHG emissions. Second, the progressive green border argument is normatively incoherent. It advocates for closing borders and eliminating poverty and other rights violations in sending countries. However, given the relationship between emissions and income, this argument would require rejecting all poverty reduction strategies—a conclusion the progressive theorist wants to avoid. Third, the argument is counterproductive. An open border politic better promotes climate justice. A key reason is that high-income countries perceive immigration to be one of the most serious short- and medium- term costs of climate change. Whereas closure allows them to avoid this “cost,” open borders would force them to eliminate push factors, incentivizing global adaptation and mitigation strategies. Moreover, a closed border politic creates divisions between those affected, undermining cross-border solidarity and contributing to the perception that environmentalism is a white, middle-class movement. (shrink)

The distinction between perception and cognition has always had a firm footing in both cognitive science and folk psychology. However, there is little agreement as to how the distinction should be drawn. In fact, a number of theorists have recently argued that, given the ubiquity of top-down influences, we should jettison the distinction altogether. I reject this approach, and defend a pluralist account of the distinction. At the heart of my account is the claim that each legitimate way of marking (...) a border between perception and cognition deploys a notion I call ‘stimulus-control.’ Thus, rather than being a grab bag of unrelated kinds, the various categories of the perceptual are unified into a superordinate natural kind. (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)

The aim of this article is to shed light on women’s experience of informal trade on one of the EU external borders: Belarus–Lithuania. The article suggests looking at the informal economy beyond the notion of precarity and to pay attention to how women themselves understand their involvement in trading practices. The author argues that, although economic necessity is an important motivation for women to start trading activities, this experience rewards them not only financially but also through non-economic aspects such as (...) self-respect, solidarity and socializing. Theoretically, the article brings together the discussion of the gendered nature of informal work with the feminist theory of agency. It shows that women’s experience of informal cross-border trade is agentive. Trade provides women with a sense of pride, self-confidence and respect and enables them to recognize their self-sufficiency. However, it is also argued that agency is not synonymous with autonomy and individualism. Theoretically and empirically, the article stresses a relational understanding of agency. On the one hand, women acknowledge their financial achievements as the capability to take proper care of their children, especially in situations when the second breadwinner is absent. On the other hand, they also value their trading experience as a space of socializing with other women. The success of cross-border trade depends on the sense of solidarity and collective action to resist the system represented by customs and border control. (shrink)

Although the notion of universal human rights allows for the idea that states (and supranational organizations such as the European Union) can, or even should, control and impose restrictions on migration, both notions clearly do not sit well together. The ensuing tension manifests itself in our ambivalent attitude towards migration, but also affects the border guards who have to implement national and supranational policies on migration. Little has been written on the ethics that has to guide these (...) class='Hi'>border guards in their work. Juxtaposing the ethics of border guarding against the ethics of the somewhat related military profession, this article attempts to (a) describe border guarding as a comparatively rule-guided profession; (b) outline the aim and basis of the ethics education that prepares border guards for their work; and (c) propose a research agenda for the future that should further our understanding of (a) and (b), but also help us improve the moral education of border guards. (shrink)

Borders are never purely local institutions, never reducible to a simple history of conflicts and agreements between neighboring groups and powers. Borders are already global, ways of dividing the world into regions and thus make possible place and a ‘mapping imaginary’. Borders are characterized by an intrinsic ambivalence that derives from their internal and external functions, as the basis of collective belonging and state control over mobility and territory. The construction of political space takes place through modes of translation (...) between inside and outside that the border signifies. (shrink)

How should the global set of social institutions distribute income and wealth among members of different states? I present a Theory of Global Justice which supports the Bounded Significance of State Borders: The states system must satisfy the Determinate Human Needs of all, and the distribution within each state must satisfy Rawls' Difference Principle. However, justice does not require a Global Difference Principle: income and wealth need not be distributed so as to maximize the income and wealth of the globally (...) worst off. ;The Theory of Global Justice illuminates the status of claims to equality within contractualism. There is no general presumption for equality of condition, and only contingent grounds for equality of certain goods. ;The claim to satisfaction of needs and the claim to equal income and wealth stem from two different sources: The Principle of Human Rights and The Principle of Equal Procedural Controls. The Principle of Equal Procedural Controls applies among citizens within state borders, but not among individuals in different states. ;Chapter 1 presents the central concepts of the Theory of Global Justice: states systems, contractualism and impact arguments. ;The Theory of Global Justice recognizes two kinds of interests as grounding claims on social institutions: Determinate Human Needs, and various controls over factors which affect our lives. Chapter 2 explains the notion of Determinate Human Needs. ;Chapter 3 argues for The Principle of Human Rights. The set of international institutions must seek to secure the satisfaction of the Determinate Human Needs of all. ;Chapter 4 presents the Principle of Equal Procedural Controls. Participants in important procedures can sometimes reasonably claim an equal share of procedural controls. ;The Principle of Equal Procedural Controls applies differently among compatriots and among foreigners. Chapter 5 claims that this principle requires equality of Social Primary Goods and the Difference Principle among citizens. ;Chapter 6 denies that the Principle of Equal Procedural Controls applies among individuals in different states in such a way as to support a Global Difference Principle. State borders thus legitimately affect individuals' grounds for claiming equal shares of procedural controls. (shrink)

This paper examines the 'taking back control' over immigration arguments offered for Brexit and for reinforcing the Southern border of the United States. According to these arguments, Brexit and increased border enforcement were needed to ensure collective self-governance for the peoples of Britain and the United States. I argue that 1. In fact these policies did little to enhance collective self-governance properly understood, and 2. They actually thwarted collective self-governance due their racially exclusionary effects on people of (...) color in Britain and the United States. (shrink)

This article begins to undertake a human rights analysis of the increasing number of migrants who die annually while trying to cross the borders of Europe in an irregular manner. Over the past 20 years, border policies increasingly focus on border management instead of on classical border control. On the basis of existing data, it seems plausible to assume that the increasing migrant mortality is an unintended side-effect of this shift from control to management. The (...) article argues that it is possible to collect data, which are more reliable than those presently available, and presents data from a pilot project carried out on Sicily in November 2011. Presuming better data can be collected; two diverging human rights approaches are developed – a conventional approach holding that European states are not accountable under human rights law for these side-effects and a functional approach holding that human rights law does impose obligations on European states in this context. On all four doctrinal issues which are relevant to the problem , these diverging approaches lead to diverging doctrinal positions. A choice between the two approaches implies not only legal but also moral, ethical, and political choices. (shrink)

The article examines national news reports on prostitution of Russian women in northern Norway between 1990 and 2001. Applying critical discourse analysis, the author shows how this particular type of cross-border, rural prostitution is represented as sexual transaction, as a sociopolitical problem, and as a symbolic issue used to legitimize stricter border controls. Images of prostitutes, pimps and customers are also discussed. The different thematizations are in turn connected to various historical practices of state regulation of sexuality, to (...) constructions of group identities based on moral categories, and to social definitions of what is normal and what is deviant. (shrink)

This article develops a theory of border subjectivity that considers the cybernetic role of narrative structures and mediation in political advocacy aimed at dreamers and DACA recipients. "Cybersujetos” are border subjects who are racialized by cybernetic systems and media narratives, but can resist control by repurposing cultural technologies. In assessing the limitations of journalism, literature, and film as outlets for political advocacy, this article finds that remediated representations of undocumented youth that attempt to expand their political agency (...) can further alienate them. Outdated stereotypes in representation are substituted with a proliferation of diverse but still racialized figures meant to demarcate "exceptional" candidates for naturalization, thus failing to challenge the normative parameters of citizenship itself and the militarized position of the US on the global stage. (shrink)

Based on the Internet of Things technology, this paper proposes building a cross-border e-commerce logistics supervision system and determines the evaluation index system from the overall framework design of the system, supply chain supervision process optimization, risk supervision optimization, and system order degree optimization. First of all, the framework adopts the national certification center to supervise the logistics service platform and logistics service platform to supervise the logistics participants of the secondary supervision system. Then, functions such as swarm intelligence (...) contract, legal anonymous identity authentication, intelligent transaction matching, abnormal data analysis and detection, privacy protection, and traceability are realized under the framework of the supervision system. Then, the security analysis and transaction supervision component software are used to verify the security, control, and operating efficiency of the transaction supervision framework. Finally, in a real crowd sourcing logistics enterprise platform to run on the software component, the actual measurement, the measured results show that the proposed cross-border supervision system is safe and controllable, and electronic business logistics protects users and data privacy, prevents forgery and fraud, and realizes the user behavior and user data in addition to auditability and traceability. (shrink)

The Ethics of Immigration, by Joseph Carens, Oxford University Press, 2013. -/- Joseph Carens is arguably the most prominent political theorist to defend open borders, a view which he did much to make intellectually respectable in a famous 1987 article, “Aliens and Citizens: The Case for Open Borders.” In The Ethics of Immigration Carens again defends the open borders view, but with a new rationale. Whereas before he argued that seemingly opposed philosophies provided converging support for open borders, now he (...) bases his case on “democratic principles,” by which he means uncontroversial moral commitments that are widely shared in liberal states. Carens argues that one such commitment is to freedom, which can be understood as “not being the subject of the will of another.” A commitment to such a value would explain why freedom of movement within a state is considered a basic human right. But, Carens asks, if we have a general right to freedom of movement within countries, why not between them? -/- Carens has long noted that despite the attractiveness of open borders at the level of pure justice, it is deeply at odds with how immigration policy is normally viewed. Given this, Carens’ many writings on immigration have long approached it from a second perspective, one that puts aside questions of ideal theory and takes for granted the conventional view that states are entitled to discretionary control over their borders. This second perspective is the dominant one in The Ethics of Immigration, as Carens spends most of the book outlining standards of fair treatment for permanent residents, temporary workers, refugees and other migrants that do not presuppose any commitment to open borders. In this mode Carens offers a revised version of one his most thought-provoking and controversial arguments, defending amnesty for immigrants who first arrive illegally. -/- Carens’ investigation of immigration issues at both the level of ideal justice and the more immediate plane of the debate over amnesty and related issues makes his book unusually rich. It has the rare virtue of being both philosophically rigorous and politically relevant. -/- . (shrink)

This work offers a timely philosophical analysis of interrelated normative questions concerning immigration and citizenship in relation to the global context of multiple nation states. In it, philosophers and scholars from the social sciences address both fundamental questions in moral and political philosophy as well as specific issues concerning policy. Topics covered in this volume include: the concept and the role of citizenship, the equal rights and representation of citizens, general moral frameworks for addressing immigration issues, the duty to obey (...) immigration law, the use of ethnic, cultural, or linguistic criteria for selective immigration, domestic violence as grounds for political asylum, and our duty to refugees in general. The urgency of the need to discuss these matters is clear. Several humanitarian crises involving human migration across national boundaries stemming from war, economic devastations, gang violence, and violence in ethnic or religious conflicts have unfolded. Political debates concerning immigration and immigrant communities are continuing in many countries, especially during election years. While there have always been migrating human beings, they raise distinctive issues in the modern era because of the political context under which the migrations take place, namely, that of a system of sovereign nation states with rights to control their borders and determine their memberships. This collection provides readers the opportunity to parse these complex issues with the help of diverse philosophical, moral, and political perspectives. (shrink)

In this article, I address the question: what kind of normative principles should regulate the governance processes through which migration across international borders is managed? I begin by contrasting two distinct categories of normative controversy relating to this question. The first is a familiar set of moral controversies about justice within border governance, concerning what I call the ethics of exclusion. The second is a more theoretically neglected set of normative controversies about how institutional capacity for well functioning (...) class='Hi'>border governance can best be achieved, concerning what I call the constitution of control of international borders. I argue that progress can be made in resolving controversies of the latter kind by applying a new normative theory of political legitimacy, distinct from the moral theories of justice routinely applied to ethics of exclusion controversies. On the ‘collective agency’ model of political legitimacy that I propose here, principles of political legitimacy have the regulatory role of combating complex collective action problems that may otherwise impede an institution’s collectively valuable functions. Through applying this theory, I sketch some provisional prescriptions for the design of international border governance institutions that may follow from the demand for strengthening their political legitimacy. (shrink)

Current admission criteria for migrants in Western states tend to favor the well-to-do, able-bodied, and well-qualified. This leads to migration patterns that exacerbate global inequalities. In this article, I will consider how economic migration affects global inequality of opportunity, and how we might alter admission criteria in order to mitigate negative effects. I will proceed by discussing cosmopolitan and nationalist positions to open borders and economic migration. In particular, I will address David Miller’s objections to using open borders to remedy (...) global inequality of opportunity. The argument I present agrees with the benefits of a conception of justice that allows for degrees of partiality and a state’s right to control their borders. However, I argue that Western states’ roles in perpetuating global inequality of opportunity leads to moral demands, which can in part be met by fair economic migration. Furthermore, I will consider what fairer economic migration might consist in. The model I propose would rank migrants based on their level of disadvantage, how little their emigration would affect the country they are emigrating from, and how great it might improve the opportunities in the country they are moving to. (shrink)

With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti-ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the constitution (...) of some intelligent common ground for ethical cooperation in both theory and practice between the traditions. This essay also suggests how the constitution of this common ground could include Muslims as well. The constitution of this common ground enables religious ethicists to present more cogent ethical arguments in secular space, but only of course, when those who now control secular space are open to arguments from members of any religious tradition. (shrink)

In this paper, we examine how bordered reality is being imposed and resisted in the context of where we are placed right now, 'Greece'. Drawing on ethnographic research and discourse analysis, conducted in Lesvos, Samos, and Athens (from March to September 2016), we examine how resistance to a bordered reality took place, as islands in the north Aegean, as well as Greek and European territories, were being remapped according to the logic of the hotspot. We approach this process methodologically from (...) the situated angle of the embodiment of resistance in the concrete experiences of people (including the researchers ourselves), whose narratives reveal the distracted spatial coordinates of the 'hotspot regime', which becomes a traveling control device. Rather than approaching the hotspots on the five Greek border islands as geographically fixed entities we introduce the concept of the mobile hotspot to show how the logic of the hotspot suffuses the uneven geographies of a bordered reality. We use the ferry as an illustrative tool with which to critically explore the density, tensions, and conflict-ridden nature of movements within, around, and against the hotspots. (shrink)