The trend toward the “humanization” of international law reflects a greater emphasis on individuals rather than simply states as objects of concern. The advance of human rights law (HRL) has been an important impetus for this trend. Some observers suggest that humanization can be furthered even more by applying HRL rather than international humanitarian law (IHL) to hostilities between states and nonstate armed groups, unless a state explicitly declares that it is engaged in an armed conflict. This essay argues, however, that a court should not defer to a state's characterization of hostilities, but should base its analysis on whether hostilities meet the criteria for an armed conflict. Applying HRL to hostilities that effectively are an armed conflict but not acknowledged as such risks diluting the legitimacy and normative force of HRL. On the one hand, if a court applies conventional stringent HRL standards, this body of law may be seen as unrealistic and is likely to be ignored. On the other hand, a court that adapts HRL standards to armed conflict may need to take a consequentialist approach at odds with HRL's deontological foundations. Clearly differentiating between HRL and IHL may thus best promote the humanization of warfare.
]]>Events in recent years have underscored the dependence of the liberal international order (LIO) on the domestic fate of liberalism in countries like the United States—where, according to critics such as Mark Lilla and Francis Fukuyama, liberals have imperiled themselves through an unwise embrace of identity politics. These critics argue that identity politics undermines solidarity and empowers the illiberal right, and that it should be rejected in favor of a unifying creedal nationalism based on common liberal values. This analysis, I argue, overlooks the fact that “common” creedal values have expanded in American history when their meanings were being controversially reinterpreted from identity-based perspectives. If American liberalism is to emerge from its current crisis, it will need to incorporate the claims of identity into a sense of national belonging that can resist the authoritarian, ethnoracial nationalism promoted by the LIO's enemies. The likelihood that such a process will be controversial is reason for liberal critics of identity politics to consider how the claims of identity might be an asset, not an obstacle, to revitalizing liberal democracy against its challengers.
]]>The concept of voluntariness permeates the ethics and politics of migration and is commonly used to distinguish refugees from migrants. Yet, neither the precise nature and conditions of voluntariness nor its ethical significance for migrant rights and state obligations has received enough attention. The articles in this collection move the debate forward by demonstrating the complex ethical judgments involved in delineating voluntary from forced migration and in drawing out its political and institutional implications. In addition to highlighting the interplay between the voluntary and nonvoluntary elements of migration over time and across different sites of the migration journey, they provide a nuanced account of the various conditions of voluntariness and they challenge common ideas about its normative political consequences.
]]>A key question in the theory of migration and in public debates on immigration policies is when migration can be said to be voluntary and when, conversely, it should be seen as nonvoluntary. In a previous article, we tried to answer this crucial question by providing a list of conditions we view as sufficient for migration to be considered nonvoluntary. According to our account, one condition that makes migration nonvoluntary is when people migrate because they lack acceptable alternatives to doing so. In this article, we take the opportunity to further explore and clarify this crucial condition. More specifically, we focus on two main sets of questions. First, we ask whether migration is always voluntary when it serves goals that are voluntarily chosen, and whether those who decide to migrate voluntarily but only have the option of choosing among a limited set of dangerous, harmful, or illegal means for doing so, can be said to be forced to choose those means. Second, we ask whether what counts as “nonacceptable” alternatives should also include cases in which people could have their needs and fundamental rights met, but at the cost of betraying their moral principles or conceptions of the good.
]]>The claims of those who are compelled to migrate are, in general, taken to be more urgent and pressing than the claims of those who were not forced to do so. This article does not defend the moral relevance of voluntarism to the morality of migration, but instead seeks to demonstrate two complexities that must be included in any plausible account of that moral relevance. The first is that the decision to start the migration journey is distinct from the decision to stop that journey, through resettlement; the latter may involve voluntary choice, without that voluntarism impugning the involuntary nature of the former. The second is that the migration decision of the individual might be voluntary, even while that individual's family or social network might be compelled to insist upon some particular individual member's migration. That is, the fact that any particular person might be free to refuse migration does not contradict the fact that the group in question does not have the effective freedom to avoid the migration of some group members. Once these two complexities are understood, I argue, the moral relevance of voluntarism in the ethics of migration becomes more complex and nuanced than is generally understood.
]]>Climate change challenges the means of subsistence for many, particularly in the Global South. To respond to the challenges of climate change, countries increasingly resort to resettling those most affected by land erosion, heat, drought, floods, and the like. In this article, I investigate to what extent resettlement can compensate for the harm that climate-induced migration brings. The first harm I identify is that to individual autonomy. I argue that climate change changes the options of those affected by it to the point that the decision to migrate can no longer count as a voluntary one. In some cases, I argue, the conditions of climate change coerce individuals. Second, I suggest that climate-induced migration severs the ties to territory, explaining the constitutive nature of such ties for accounts of individual autonomy. Third, I argue that severing ties with a traditional and historical territory challenges the capacity to imagine a future for individuals. I conclude that resettlement, even if actively planned and chosen, possibly providing gains in individual well-being and human flourishing, nevertheless harms individual autonomy interests.
]]>This review essay contrasts two of the most notable recent contributions to literature on space and society: Daniel Deudney's Dark Skies (2020) and Brian Patrick Green's Space Ethics (2022). The Green volume is a course textbook, geared to giving students an overview of some of the key ethical issues concerning space and how the arguments on these matters are shaping up. Its aim is to provide an overview rather than a specific line of argument. Deudney's text, by contrast, is an example of a book proposing space skepticism. It argues that we should relinquish many of our current ambitions for space expansion on the grounds that they will increase the already significant degree of extinction-level risk that we face. The essay marks the distinction between these texts by contrasting normal- and special-domain approaches. Normal-domain approaches seek to extend familiar ethico-political issues into the discussion about space expansion without regarding space expansion as the road to utopia or extinction. Special-domain approaches hold to some such optimistic or pessimistic view. The essay goes on to highlight the way in which Green's text would benefit from more social critique, along the lines of Deudney. Ultimately, the normal-domain approach presupposed by Green and rejected by Deudney is upheld.
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