Liberal Self-Determination in a World of Migration

2021 ◽  
Author(s):  
Luara Ferracioli
Keyword(s):  
Prima Facie ◽  
Self Determination ◽  
Liberal Society ◽  
Human Right ◽  
International Borders ◽  
Future 2 ◽  
Philosophical Questions ◽  
Moral Requirements ◽  
Key Questions

This book focuses on three key questions regarding the movement of persons across international borders: (1) What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? (2) Do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? And (3) if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise for a theory that does not endorse a human right to immigrate: the questions of who exercises self-determination in the area of immigration, why they have such a right in the first place, and how they should go about exercising it.

scholarly journals Liberalism or Immigration Restrictions, but Not Both

2017 ◽  
Vol 10 (2) ◽  
pp. 1-23 ◽  
Author(s):  
Christopher Freiman ◽  
Javier Hidalgo
Keyword(s):  
Occupational Choice ◽  
Freedom Of Speech ◽  
Prima Facie ◽  
Social Costs ◽  
Self Determination ◽  
Reproductive Choice ◽  
Freedom Of Movement ◽  
The Social

This paper argues for a dilemma: you can accept liberalism or immigration restrictions, but not both. More specifically, the standard arguments for restricting freedom of movement apply equally to textbook liberal freedoms, such as freedom of speech, religion, occupation and reproductive choice. We begin with a sketch of liberalism’s core principles and an argument for why freedom of movement is plausibly on a par with other liberal freedoms. Next we argue that, if a state’s right to self-determination grounds a prima facie right to restrict immigration, then it also grounds a prima facie right to restrict freedom of speech, religion, sexual choice and more. We then suggest that the social costs associated with freedom of immigration are also costs associated with occupational choice, speech and reproduction. Thus, a state’s interest in reducing these costs gives it prima facie justification to restrict not only immigration but also other core liberal freedoms. Moreover, we rebut the objection that, even if the standard arguments for a prima facie right to restrict immigration also support a prima facie right to restrict liberal freedoms generally, there are differences that render immigration restrictions – but not restrictions on speech, religion, etc. – justified all things considered. In closing, we suggest that the theoretical price of supporting immigration restrictions – viz., compromising a commitment to liberal principles – is too steep to pay.

scholarly journals Narrative Strategies of Decolonisation: Autoethnography in Mamang Dai’s The Legends of Pensam

2020 ◽  
Vol 12 (5) ◽  
Author(s):  
Samrita Sinha ◽  
Keyword(s):  
United Nations ◽  
Northeast India ◽  
Self Determination ◽  
Narrative Strategies ◽  
Human Right ◽  
Post Colonial ◽  
History Of ◽  
The United Nations ◽  
Culture Of Impunity ◽  
Right Of Self Determination

According to John Quintero, “The decolonisation agenda championed by the United Nations is not based exclusively on independence. It is the exercise of the human right of self-determination, rather than independence per se, that the United Nations has continued to push for.” Situated within ontologies of the human right of self-determination, this paper will focus on an analysis of The Legends of Pensam by Mamang Dai, a writer hailing from the Adi tribe of Arunachal Pradesh, to explore the strategies of decolonisation by which she revitalizes her tribe’s cultural enunciations. The project of decolonisation is predicated on the understanding that colonialism has not only displaced communities but also brought about an erasure of their epistemologies. Consequently, one of its major agenda is to recuperate displaced epistemic positions of such communities. In the context of Northeast India, the history of colonial rule and governance has had long lasting political repercussions which has resulted not only in a culture of impunity and secessionist violence but has also led to the reductive homogeneous construction of the Northeast as conflict ridden. In the contemporary context, the polyethnic, socio-cultural fabric of the Northeast borderlands foregrounds it as an evolving post-colonial geopolitical imaginary. In the light of this, the objective of this paper is to arrive at the ramifications of employing autoethnography as a narrative regime by which Mamang Dai reaffirms the Adi community’s epistemic agency and reclaims the human right towards a cultural self-determination.

A Right to Work? A Right to Leisure? Labor Rights as Human Rights

2009 ◽  
Vol 3 (1) ◽  
pp. 1-39 ◽  
Author(s):  
Mathias Risse
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Labor Rights ◽  
Human Right ◽  
Right To Work ◽  
Philosophical Account ◽  
To Come ◽  
Philosophical Questions ◽  
Satisfactory Manner

Labor rights are the first to come up for criticism when accounts of human rights are offered in response to philosophical questions about them, and notoriously so Article 24, which talks about `rest and leisure' and `period holidays with pay.' This study first tries to make it plausible why labor rights would appear on the Universal Declaration, and next articulates some philosophical objections to their presence there. The interesting question then is not so much how one could respond to the objections, but to explore what commitments one needs to make to answer our question in a satisfactory manner. To make progress, we can contrast the idea of human rights with conceptions of them. Such conceptions offer answers to a set of philosophical questions about human rights. It would be rather unlikely for any such conception to emerge as the uniquely best philosophical account of human rights since disagreements among different conceptions (each of which requires commitments to a range of issues) are complex. What is sensible to ask then is what a conception of human rights would have to be like to count labor rights as human rights, and whether there is a conception of that sort. I offer one conception that I take to be plausible overall, and that does count labor rights as human rights. Or, that is: it does count a right to work as a human right, alas not in the strong interpretation according to which states must create jobs but in the weaker sense that states need to make sure people are not systematically excluded from employment, and are treated in certain ways at their place of work, and it does count a right to leisure as a human right, alas not a right to paid vacations.

Sovereign States and Self-Determining Peoples: Carving Out a Place for Transnational Indigenous Peoples in a World of Sovereign States

2010 ◽  
Vol 12 (2) ◽  
pp. 191-212 ◽  
Author(s):  
Timo Koivurova
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
International Borders ◽  
United Nations Declaration

AbstractEven though self-determination of peoples has an esteemed place in international law, it seems fairly clear that peoples divided by international borders have difficulty in exercising their right to self-determination. It is thus interesting to examine whether general international law places constraints on trans-national peoples’ right to self-determination. Of particular interest in this article is to examine whether indigenous peoples divided by international borders have a right to self-determination, given the recent adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples. The article will also take up cases where transnational indigenous peoples of Sami and Inuit have tried to exercise their joint self-determination and whether we can, in fact, argue that indigenous peoples divided by international borders have a right to exercise their united self-determination.

scholarly journals The Human Right to Democracy and the Pursuit of Global Justice

2020 ◽  
pp. 277-301
Author(s):  
Pablo Gilabert
Keyword(s):  
Human Rights ◽  
Global Justice ◽  
Institutional Arrangements ◽  
Self Determination ◽  
Domestic Institutions ◽  
Human Right ◽  
Political Empowerment ◽  
Global Democracy

This chapter addresses two interconnected questions about human rights and the pursuit of global justice: Is there a human right to democracy? How does the achievement of human rights, including the human right to democracy, contribute to the pursuit of global justice? The chapter answers the first question in the affirmative. It identifies three reasons for favoring democracy and explores the significance of those reasons for defending it as a human right. It answers important worries that acknowledging a human right to democracy would lead to intolerance and lack of respect for peoples’ self-determination, exaggerate the importance of democracy for securing other rights, generalize institutional arrangements that only work in some contexts, and tie human rights to specific ideas of freedom and equality that do not have the same universal appeal and urgency. Regarding the second question, the chapter distinguishes between basic and non-basic global justice and argues that democracy is significant for both. It claims that the fulfillment of human rights constitutes basic global justice, explains how a human right to democracy has significance for the legitimacy of international besides domestic institutions, and shows how forms of global democracy and the exploration of cosmopolitan and humanist commitments underlying human rights may enable and motivate the pursuit of non-basic demands of global justice (such as those concerning socioeconomic equality). The key claim in the chapter is that the fulfillment of the human right to democratic political empowerment is crucial for the pursuit of global justice.

scholarly journals The Right of Self-Determination: Its Emergence, Development, and Controversy

2016 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Munafrizal Manan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Right Of Self Determination

This paper discusses the right of self-determinationfrom  international  law  and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

From Principle to Right

2019 ◽  
pp. 71-106
Author(s):  
Adom Getachew
Keyword(s):  
United Nations ◽  
International Society ◽  
Political Thought ◽  
World Order ◽  
Self Determination ◽  
The Political ◽  
Standard Account ◽  
Human Right ◽  
Du Bois ◽  
Kwame Nkrumah

This chapter turns to the United Nations, where anticolonial nationalists staged their reinvention of self-determination, transforming a secondary principle included in the UN Charter into a human right. Through the political thought of Nnamdi Azikiwe, W. E. B. Du Bois, Kwame Nkrumah, and George Padmore, the chapter illustrates that this reinvention drew on a distinctive account of empire as enslavement. The emergence of a right to self-determination is often read as an expansion of an already existing principle in which anticolonial nationalists universalize a Westphalian regime of sovereignty. In contrast to this standard account, the chapter argues that the anticolonial account of self-determination marked a radical break from the Eurocentric model of international society and established nondomination as a central ideal of a postimperial world order.

Secularism and the Issue of Islam in the Aceh Conflict: A Framing Process Approach

2016 ◽  
Vol 1 (1) ◽  
pp. 67-98
Author(s):  
Mohammad Hasan Ansori
Keyword(s):  
Structural Analysis ◽  
Process Approach ◽  
Self Determination ◽  
Mass Mobilization ◽  
Human Right ◽  
Free Aceh Movement ◽  
History Of ◽  
Strategic Issue ◽  
Resources Exploitation ◽  
Violent Conflicts

Aceh conflict is widely recognized as one of the most protracted and violent conflicts not only in Southeast Asia, but also in the globe. This study intends to look at the secessionist conflict from he social movement perspective, and specifically from the theoretical instrument of framing process. This study goes a little further by getting engaged with the strategic issue of Islam in the region. In lieu of commonly adopted macro and structural analysis of the conflict, this study methodologically instead applies micro and dynamic analysis of the conflict. In general, this study primarily argues that the framing strategy adopted by Free Aceh Movement (GAM) is clearly secular in nature, and/or far away from the Islam-nuanced religiosity and spirit. However; Islam is often exploited particularly for mass mobilization. The movement"s framing strategy mainly includes natural resources exploitation, ethnic-nationalist vision, universal value of self-determination, the history of Aceh Kingdom and human right violation.

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