What is the Right to Exclude Immigrants?

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

Resumé

It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend to result either in fairly strong cases for open borders or in denials that considerations of justice apply to immigration at all, which results in state discretion positions. This state of debate is both theoretically unsatisfactory and normatively implausible. The paper therefore explores an alternative approach to the right to exclude immigrants from the perspective of recent debates about the territorial rights of states. The right to exclude claimed by states is analysed and it is shown to differ both conceptually and normatively from rights to impose political authority within a territory. The paper finally indicates how this analysis might broaden the focus of debates about immigration and suggest alternative regimes of migration regulation the possibility of which is obscured by traditional justice approaches.
OriginalsprogEngelsk
TidsskriftRes Publica
Vol/bind16
Udgave nummer3
Sider (fra-til)245-262
ISSN1356-4765
DOI
StatusUdgivet - 2010

Emneord

  • immigration
  • retfærdighed
  • eksklusionsret
  • suverænitet
  • stat
  • territorielle rettigheder

Citer dette

Lægaard, Sune. / What is the Right to Exclude Immigrants?. I: Res Publica. 2010 ; Bind 16, Nr. 3. s. 245-262.
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What is the Right to Exclude Immigrants? / Lægaard, Sune.

I: Res Publica, Bind 16, Nr. 3, 2010, s. 245-262.

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

TY - JOUR

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AB - It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend to result either in fairly strong cases for open borders or in denials that considerations of justice apply to immigration at all, which results in state discretion positions. This state of debate is both theoretically unsatisfactory and normatively implausible. The paper therefore explores an alternative approach to the right to exclude immigrants from the perspective of recent debates about the territorial rights of states. The right to exclude claimed by states is analysed and it is shown to differ both conceptually and normatively from rights to impose political authority within a territory. The paper finally indicates how this analysis might broaden the focus of debates about immigration and suggest alternative regimes of migration regulation the possibility of which is obscured by traditional justice approaches.

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