Settlement and the Right to Exclude
A number of theorists have recently offered a freedom-based argument for the right to migrate. This chapter adopts this account and asks whether the right to global free movement can be reconciled with other people’s rights of territorial occupancy. Examining cases of settler colonialism, it argues for an important qualification to the right to global free movement, designed to protect native inhabitants’ ability to permanently reside on their territory, and to use it for the social, cultural, and economic practices they value. If it is to be justifiable, global free movement must allow for the permissible exclusion of colonial settlers. Yet who to count as a potential colonial settler is a tricky question. The chapter argues that it is wrong to settle in another country in cases where (1) one comes with a project of political domination or (2) one has an adequate territorial base in another part of the world and one’s migration to another region would severely harm the collective practices of people with occupancy rights there.