In international law, we have a right to leave our own countries (and come back) but not to enter other countries. Say I leave my home country A and try to enter B. There are some circumstances when, intuitively, it would seem unjust for B to refuse me entry, for example, if in turning me away, my life would be cut short, or if in entering B my life will be enriched and no harm will be done to the citizens of B.
However, what principles should apply apply across borders to this type of issue?
I think you are asking whether international law ought to be revised so as to avoid the two intuitive injustices you assert. With regard to your first intuitive injustice, international law already recognizes a right to asylum and a duty of non-refoulement . But many states implement this right in arbitrary and quite ungenerous ways, with the result that many desperate people are either returned to a situation where their life or health are at risk or else confined for long periods in inhumane detention centers. Here a modification of international law -- involving a consistent and efficient international process for determining refugee status as well as a fair allocation of recognized refugees among suitable asylum countries -- would indeed be a great improvement. As for your second intuitive injustice, it may not be an injustice at all. Imagine a million Europeans eager to move to the Solomon Islands. Their presence would not really harm the locals -- in fact, it might greatly boost...
- Log in to post comments