Advertisement

Philosophical Studies

, Volume 169, Issue 1, pp 133–141 | Cite as

Association and asylum

  • Eric Cavallero
Article
  • 288 Downloads

In “Immigration and Freedom of Association,” Christopher Heath Wellman argues that “every legitimate state has the right to close its doors to all potential immigrants, even refugees desperately seeking asylum.”1 He calls this is a “stark conclusion,” and I shall refer to it as such. While Wellman seeks to soften the blow by also advocating an expanded role for humanitarian intervention in refugee situations, this is often not an available solution. The stark conclusion implies that many who seek asylum, but who are thus beyond the reach of intervention, may as a matter of right be denied protection by states capable of providing it. Wellman’s argument, however, supports at most a prima facie right of states to exclude aliens. The desperate need of refugees who are beyond the reach of intervention, I will argue, outweighs that prima facie right.2

Who are refugees?

The founding document of international refugee law is the 1951 United Nations Convention Regarding the Status of Refugees,...

Keywords

Humanitarian Cost Capable State United Nations High Commissioner Alienage Condition Refugee Situation 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Allain, J. (2001). The Jus-Cogens nature of non-refoulement. International Journal of Refugee Law, 13(4), 533–558.CrossRefGoogle Scholar
  2. Altman, A., & Wellman, C. H. (2008). From humanitarian intervention to assassination: Human rights and political violence. Ethics, 118, 228–257.CrossRefGoogle Scholar
  3. Anderson, E. (1999). What is the point of equality. Ethics, 109, 287–337.CrossRefGoogle Scholar
  4. Cavallero, Eric. (2006). An immigration pressure model of global distributive justice. Politics Philosophy Economics, 5(1), 97–127.CrossRefGoogle Scholar
  5. International Coalition on the Responsibility to Protect. (2010). An introduction to the responsibility to protect. Accessed July 10, 2010 from http://responsibilitytoprotect.org/index.php/about-rtop.
  6. Noll, G. (2005). Seeking asylum at embassies: A right to entry under international law. International Journal of Refugee Law, 17, 3.CrossRefGoogle Scholar
  7. Pool, W. S. (2005). The effort to save Somalia. Joint History Office of the Chairman of the Joint Chiefs of Staff www.dtic.mil/doctrine/doctrine/history/somalia.pdf. Accessed March 22, 2012.
  8. Shacknove, A. E. (1985). Who is a refugee? Ethics, 95(2), 274–284.CrossRefGoogle Scholar
  9. Thielemann, E. R. (2006). Burden sharing: The international politics of refugee protection. The Center for Comparative Immigration Studies, Working Paper #34. Accessed August 7, 2011 from www.ccis-ucsd.org/PUBLICATIONS/wrkg134.pdf.
  10. United Nations. (1951). Convention regarding the status of refugees. Accessed February 7, 2011 from http://www.unhcr.org/protect/PROTECTION/3b66c2aa10.pdf.
  11. United Nations. (1967). Protocol relating to the status of refugees. Accessed February 7, 2011 from http://www.unhcr.org/protect/PROTECTION/3b66c2aa10.pdf.
  12. United Nations Department of Public Information. (2009). UNOSOM II: Facts and figures. http://www.un.org/en/peacekeeping/missions/past/unosom2facts.html. Accessed March 22, 2012.
  13. United Nations High Commissioner for Refugees. (2004) Resettlement Handbook (First edition July 1997/Revised edition 2004). Geneva: UNHCR.Google Scholar
  14. United Nations High Commissioner for Refugees. (2006a). Fiftieth anniversary of the Hungarian uprising and refugee crisis. Accessed July 8, 2011 from http://www.unhcr.org/453c7adb2.html.
  15. United Nations High Commissioner for Refugees. (2006b). The State of the world’s refugees 2006: Human displacement in the new millennium, rethinking durable solutions, (Ch. 6, p. 142). Accessed July 8, 2011 from http://www.unhcr.org/4a4dc1a89.html.
  16. United Nations High Commissioner for Refugees. (2007). Advisory opinion on the extraterritorial application of non-refoulement obligations under the 1951 convention relating to the status of refugees and its 1967 protocol. Accessed July 27, 2011 from www.unhcr.org/refworld/pdfid/45f17a1a4.pdf.
  17. United Nations High Commissioner for Refugees. (2010). Global trends 2010. Accessed March 10, 2012 from http://www.unhcr.org/4dfa11499.html.
  18. United Nations High Commissioner for Refugees. (2011a). Country operations profile—Pakistan. Accessed July 11, 2011 from http://www.unhcr.org/pages/49e487016.htmls.
  19. United Nations High Commissioner for Refugees. (2011b). Projected global resettlement needs 2011 http://www.unhcr.org/4c31e3716.html. Accessed March 22, 2012.
  20. United States Committee for Refugees and Immigrants. (2009c). World refugee survey, “Warehoused Refugee Populations.” Accessed March 3, 2012 from http://www.refugees.org/resources/refugee-warehousing/archived-world-refugee-surveys/2009-world-refugee-survey.html.
  21. Unites States Committee for Refugees and Immigrants. (2009a). World refugee survey 2009: Nepal. Accessed July 7, 2011 from http://www.refugees.org/resources/refugee-warehousing/archived-world-refugee-surveys/2009-wrs-country-updates/nepal.html.
  22. Unites States Committee for Refugees and Immigrants. (2009b). World refugee survey 2009: India. Accessed July 7, 2009 from http://www.refugees.org/resources/refugee-warehousing/archived-world-refugee-surveys/2009-wrs-country-updates/india.html.
  23. US Department of State. (2010a). Afghan refugees in Pakistan. Accessed July 14, 2011 from http://www.state.gov/g/prm/protracted/situations/157399.htm.
  24. US Department of State. (2010b). Somali refugees in Kenya. Accessed March 10, 2012 from http://www.state.gov/j/prm/policyissues/issues/protracted/.
  25. Wellman, C. H. (2008). Immigration and freedom of association. Ethics, 119(1), 109–141.CrossRefGoogle Scholar

Copyright information

© Springer Science+Business Media B.V. 2012

Authors and Affiliations

  1. 1.Southern Connecticut State UniversityNew HavenUSA

Personalised recommendations