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Chapter 9 - Migration in a Legitimate State System

Problems, Progress, and Prospects

Published online by Cambridge University Press:  30 January 2020

Gillian Brock
Affiliation:
University of Auckland
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Summary

Chapter 9 addresses two important questions: How open should states be to more migrants? What responsibilities do states and citizens have in connection with reducing migration injustices It also addresses key objections to the account of migration justice and its core recommendations. A legitimate state system must include rights to a fair process for determining migrants’ rights, especially concerning rights to admission and to remain. While this would generally lead to an opening of borders, important constraints on such opening would still remain, e.g., those relevant to respecting, protecting, and fulfilling the human rights of those already residing on the territory. The position offered is a human-rights oriented middle ground between the positions of those who argue for open borders and their critics. The chapter also returns to the issue of whether our state system can currently be regarded as legitimate. As matters stand, the state system cannot yet pass a basic legitimacy test, but Brock highlights what we must do if we aspire to a legitimate state system capable of supporting justice for people on the move.

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Chapter
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Justice for People on the Move
Migration in Challenging Times
, pp. 190 - 228
Publisher: Cambridge University Press
Print publication year: 2020

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