Self-determination and Immigration Control: A Critique

Self-determination is a moral claim of a people to rule themselves. It is recognised as a fundamental right and a basic principle of governance in contemporary international society. This chapter analyses the leading contemporary theories defending the right of immigration control as an integral part of self-determination. This chapter discusses three distinct variants of the self-determination argument against open border—the first appeals to the value of collective autonomy; the second is concerned with the proper functioning of democratic institutions; and the third appeals to the territorial rights of a political community— and argues that they are problematic. It then defends a relational understanding of collective self-determination proposed by Iris Young, which understands self-determination as a form of non-domination. Grounding the right to self-determination on the value of non-domination, however, implies that a state’s right to exclude foreigners should be significantly constrained and should be weighed against the strength of the claims of potential migrants.