The Statist Approach to the Philosophy of Immigration and the Problem of Statelessness

Stephen E Mathis

Abstract

The issue of statelessness poses problems for the statist (or nationalist) approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states have direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position.

Keywords

statelessness; immigration; nationalism; human rights; cosmopolitanism

Full Text:

pp. 1-22 PDF

References

Blake, Michael. 2013. Immigration, jurisdiction, and exclusion. Philosophy and Public Affairs 41: 103-130.

Borjas, George J. 1994. The economics of immigration. Journal of Economic Literature 32, no. 4: 1667-1717.

Carens, Joseph. 2016. In defense of birthright citizenship. In Migration in political theory, ed. Sarah Fine and Lea Ypi, 205-224. Oxford, UK: Oxford University Press.

Cole, Phillip. 2014. Beyond reason: The philosophy and politics of immigration. Critical Review of International Social and Political Philosophy 17, no. 5: 503-520.

Coppel, Jonathan, Jean-Christophe Dumont, and Ignazio Visco. 2001. Trends in immigration and economic consequences. Paris: OECD Publishing.

Fine, Sarah. 2014. Non-domination and the ethics of migration. Critical Review of International Social and Political Philosophy 17, no. 1: 10-30.

Freidberg, Rachel M. and Jennifer Hunt. 1995. The impact of immigration on host country wages, employment and growth . Journal of Economic Perspectives 9, no. 2: 23-44.

Miller, David. 2016. Strangers in our midst. Cambridge, MA: Harvard University Press.

———. 2005. Immigration: The case for limits. In Contemporary debates in applied ethics, ed. Andrew I. Cohen and Christopher Heath Wellman, 193-206. Malden, MA: Blackwell Publishing.

MinorityRights.org. Palestinians in Jordan. http://minorityrights.org/minorities/palestinians-2/ (accessed 2 January 2018).

Sachar, Ayelet. 2009. The birthright lottery: Citizenship and global inequality. Cambridge, MA: Harvard University Press.

Scheffler, Samuel. 2007. Immigration and the significance of culture. Philosophy and Public Affairs 35: 93-125.

Stevens, Jacqueline. 2009. States without nations: Citizenship for mortals. New York: Columbia University Press.

UN General Assembly. Convention relating to the status of refugees, 28 july 1951, United nations, treaty series, vol. 189, p. 137. http://www.refworld.org/docid/3be01b964.html (accessed 2 January 2018).

———. Convention on the rights of the child, 20 november 1989, United nations, treaty series, vol. 1577, p. 3. http://www.refworld.org/docid/3ae6b38f0.html (accessed 2 January 2018).

———. Convention relating to the status of stateless persons, 28 september 1954, United nations, treaty series, vol. 360, p. 117. http://www.refworld.org/docid/3ae6b3840.html (accessed 2 January 2018).

UNRWA. UNRWA in figures as of 1 january 2015. https://www.unrwa.org/sites/default/files/unrwa_in_figures_2015.pdf (accessed 2 January 2018).

Walzer, Michael. 1983. Spheres of justice: A defense of pluralism and equality. New York: Basic Books.

Wellman, Christopher Heath. 2008-2009. Immigration and freedom of association. Ethics 119: 119-141.

West, Darrell M. 2011. The Costs and Benefits of Immigration. Political Science Quarterly 126: 427-443.

Yip, Lea. 2008. Statist cosmopolitanism. Journal of Political Philosophy 16: 48-71.




DOI: http://dx.doi.org/10.21248/gjn.11.1.139

Refbacks

  • There are currently no refbacks.