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The Flying Dutchman Asymmetry: Migration rights in question
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Arts, Department of Philosophy. (Philosophy of Law)
2016 (English)Conference paper, Oral presentation only (Other academic)
Abstract [en]

The right to migrate - usually also referred to in the latin original ius migrandi - describes at once a right to emigrate and a right to immigrate. This project focuses on both ends of this right and queries about the correlativity of exit and entry from a philosophical-legal viewpoint. What sort of right is the right to migrate? Is the correlation necessary? Is it desirable for the right to migrate to be conceived as a perfect right - or should we be satisfied with its apparently ‘imperfect’ nature? The asymmetry which this project sets out to problematic is the following: no one can leave a country without entering another. In other words, one can be legally entitled to leave my country, but what sort of entitlement is that if it does not grant him the legal possibility of entering another? Hence, for a right to be able to protect such individual conduct it must not only ensure the exit movement; it must also consist of a right of entry. In taking the wider perspective of the international system of states we are confronting the moral and legal validity of a right which can never be merely dependent on its enforcement by one single legal system. This project further reflects on the historical backdrop and the legal and political implications that a fully-fledged right to migrate can bring upon international law, international relations theory and the world system of states. It further wonders about whether certain rights - so-called ‘international special (human) rights’ - can only become enforceable - and hence be properly called “rights” - with the advent of a world Leviathan..

Place, publisher, year, edition, pages
Hamilton: McMaster University , 2016.
Keywords [en]
The Nature of Rights - Migration Rights - Emigration and Immigration Rights
National Category
Law
Research subject
Jurisprudence
Identifiers
URN: urn:nbn:se:uu:diva-322598OAI: oai:DiVA.org:uu-322598DiVA, id: diva2:1098855
Conference
The Ontario Legal Philosophy Graduate Conference
Available from: 2017-05-26 Created: 2017-05-26 Last updated: 2017-05-30Bibliographically approved

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fulltext(85 kB)26 downloads
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CiteExportLink to record
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Cite
Citation style
  • apa
  • ieee
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Language
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  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
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  • Other locale
More languages
Output format
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