12 Mart 2019 - The Case for a Kantian Right: Refugees and the Right to be Somewhere - Zeynep Senahan Yıldız

12 Mart 2019 - The Case for a Kantian Right: Refugees and the Right to be Somewhere - Zeynep Senahan Yıldız

International refugee laws allow territorial sovereigns to refuse admission to people who urgently need asylum, thus asserting the supremacy of their national jurisdiction against them and undermining their right to be somewhere qua moral agents. I argue that insofar as the territorial sovereign justifies its discretionary control over its borders by appealing to its right to self-preservation, the ground of the right to self-preservation of people who become jeopardized by being kept out of safe countries is stronger than that of the territorial sovereign. I argue from a Kantian perspective for the justification of a state system, where the authority of states is justified insofar as all states are individually justified in the success of the rescue of their constituents from the state of nature into a rightful condition. This dependence of the justification of authority of the states on the justification of the state system is demonstrated by Kantian cosmopolitan responsibilities implied on the part of the states, and it shows a necessity to guarantee the rescue of moral agents from the dangers of all conditions that resemble the dangers of the state of nature, and further responsibilities when those conditions are a result of irresponsible international policies or lack of just international arrangement.