"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 35–36.

This contribution discusses three important issues that should be addressed by those concerned with global justice. Theorizing should be better informed by a range of important bodies of knowledge, such as scholarly, activist, policy, legal, and practitioner-based. There is also a need for more inclusive normative frameworks for allocating specific responsibilities to particular agents. I explain the need for both by discussing an especially important neglected topic, namely that of corruption, which so badly undermines prospects for global justice.

Social scientific evidence suggests that labor migration can increase resilience to climate change. For that reason, some have recently advocated using labor migration policy as a tool for climate adaptation. This paper engages with the normative question of whether, and under what conditions, states may permissibly use labor migration policy as a tool for climate adaptation. I argue that states may use labor migration policy as a tool for climate adaptation and may even have a duty (...) to do so, subject to two moral constraints. First, states must also provide acceptable alternative options for adaptation so that the vulnerable are not forced to sacrifice their morally important interests in being able to remain where they are. Second, states may not impose restrictive terms on labor migrants to make accepting greater numbers less costly for themselves because doing so unfairly shifts the costs of adaptation onto the most vulnerable. (shrink)

This article argues that, far from being a merely defensive act of individual protest, civil disobedience is a much more radical political practice. It is transformative in that it aims at the politicization of questions that are excluded from the political domain and at reconfiguring public space and existing institutions, often in comprehensive ways. Focusing on the reconstitution of the political community also allows us to reconceptualize constituent power. Rather than portraying it as a quasi-mythical force erupting only in extraordinary (...) moments, constituent power can be conceptualized as a dynamic situated within established orders, transgressing their logic and reconfiguring them from within. Civil disobedience as a transformative and potentially comprehensive practice aimed at reconstituting the political order can then be seen as an internal driving force keeping this dialectic in play. A concrete example can be found in protests and border struggles by irregularized migrants. They show how unexp... (shrink)

Nursing migration: global treasure hunt or disaster‐in‐the‐making?International nurse migration — moving from one country to another in the search of employment — is the focus of this article. The majority of member states of the World Health Organization report a shortage, maldistribution and misutilisation of nurses. International recruitment has been seen as a solution. The negative effects of international migration on the ‘supplier’ countries may be recognised today but are not effectively addressed.Nurse migration is motivated by (...) the search for professional development, better quality of life and personal safety. Pay and learning opportunities continue to be the most frequently reported incentives for nurse migration, especially by nurses from less‐developed countries. Career opportunities were considered key incentives for nurses emigrating from high‐income countries. Language was reported to be a significant barrier. The positive global economic/social/professional development resulting from international migration needs to be weighed against a substantial ‘brain and skills drain’ experienced by supplier countries. The vulnerable status of migrant nurses is also of concern in certain cases. The focus on short‐term solutions as opposed to resolving the problem of a worldwide shortage of nurses causes great concern. Recent initiatives attempt to curb or channel international recruitment. The delicate balance between recognising the right of individual nurses to migrate and a collective concern for the health of a nation’s population must be achieved. (shrink)

The suppression of trade barriers and liberalization of financial flows inherent to the expansive dynamic of globalization have not extended to international flows of workers. To impede the free movement of workers, restrictive migratory policies have been implemented, and borders have been fortified with walls and fences. In the face of this widespread phenomenon, this chapter presents an alternative consisting of three steps. First, it is noted that in the current migratory context, borders play a key role in reproducing inequalities (...) between countries. Next, it is argued that given the incompatibility of this function with global justice, it is necessary to seek some remedy to put an end to the suffering caused by this structural injustice, a suffering that is endured by an immense number of people unlucky enough to have been born on the wrong side of a border. After presenting a conception of borders that, unlike walls, would enable the movements of people, finally, a scenario is proposed in which the rights of political membership would be reassigned in a cosmopolitan manner and in which borders would usually remain open. Although this does not entail a radical suppression of the aforementioned injustice, its implementation would contribute to not only its reduction but also to the compensation of victims. (shrink)

This study investigates whether and how the corporate social responsibility (CSR) profile of a company transfers to another company when an executive leaves a firm. We integrate upper echelon and institutional theories, and develop a novel measure of CSR profiles to explore this issue with a longitudinal data set of executive migrations over a 14-year period. We find that migrated executives assimilate elements of their old firms’ CSR profiles into their new firms (i.e., narrowing the distance between the two firms’ (...) CSR profiles), and this is true for both CSR and corporate social irresponsibility (CSiR). This relationship is stronger when the migrating executive comes from a bigger firm with better social and financial performance than that of the new firm. We also find that the potential for improvement in CSR profiles in migration holds true for CSiR, but not CSR. Our findings have import for upper echelon theory and the managerial discretion afforded to executives regarding CSR decisions. (shrink)

Our world is mobile. People move, either within the state or from one state to another, to access opportunities, to improve their living conditions, or to start afresh. Yet, we usually assume that migration is an exceptional activity that leads to permanent settlement. In this paper, I invite us to reconsider this assumption. First, I analyse several ways in which people experience mobility in contemporary societies. Then, I turn to migration, as a specific form of mobility. I distinguish (...) between a legal/administrative, a social, and a self-identification-based approach to migration, demonstrating that they lead to divergent definitions of who is a migrant. I proceed by introducing the concept of mobile migration and by developing a typology of mobile migrants. I conclude that, in order to devise migration policies that treat migrants fairly, a careful consideration of the claims and interests of the different types of mobile migrants is necessary. (shrink)

La migration familiale forcée est un parcours émaillé de moments d’attente plus ou moins longs. Dans cette attente, il arrive que le corps engage un travail de somatisation permettant au sujet migrant de passer de la survie à la reprise en main progressive de sa subjectivité. À partir du suivi d’une jeune femme ayant été contrainte de migrer de l’Afrique du Nord à la France dans un contexte de violence politique et présentant des manifestations somatiques, la réflexion porte sur (...) la manière dont le corps vient signifier cette exigence de travail et sur la manière dont les premiers affects bruts permettent d’entendre la mise en mouvement des processus de pré-élaboration de la souffrance psychique et du trauma. (shrink)

Calls to expand temporary work programmes come from two directions. First, as global justice advocates observe, every year thousands of poor migrants cross borders in search of better opportunities, often in the form of improved employment opportunities. As a result, international organizations now lobby in favour of expanding ‘guest-work’ opportunities, that is, opportunities for citizens of poorer countries to migrate temporarily to wealthier countries to fill labour shortages. Second, temporary work programmes permit domestic governments to respond to two internal, contradictory (...) political pressures: (1) to fill labour shortages and (2) to do so without increasing rates of permanent migration. Temporary work programmes permit governments to appear ‘tough’ on migration, while responding to employer pressure to locate workers willing to work in low-skilled, poorly remunerated positions. The coincidence of national self-interest and global justice generates a strong case in favour of expanding guest-work. We evaluate the moral benefits and burdens of expanding guest-work opportunities, and conclude that although there are benefits to be gleaned from the perspective of global wealth redistribution, at present, temporary work programmes are generally unjust. We will argue that just temporary work programmes, in time, permit temporary workers to attain citizenship. This spells the end of traditional temporary work programmes, which require that workers return to their home country in time; instead, what is temporary is the employment obligation that must be fulfilled as a requirement to access citizenship. As long as this requirement is met, we endorse guest-work programmes as a tool to respond to global inequality. (shrink)

La situation de femme seule avec enfant diffère selon les époques, les pays, les cultures, les conditions sociales. En France, le concept de monoparentalité est relativement récent. Pour les femmes chefs de familles monoparentales, l’immigration constitue bien souvent un facteur de vulnérabilité qui atteint aussi leurs enfants, mais le vécu n’est pas le même selon la culture et le pays d’origine : entre les conceptions du Maghreb et celles de l’Afrique subsaharienne, il y a des différences. L’exemple de la décohabition (...) dans les familles polygames africaines vivant en France montre par ailleurs comment un texte de loi censé protéger femmes et enfants peut les faire basculer dans la précarité. L’auteur insiste sur la nécessité pour les travailleurs médico-psychosociaux de connaître ces problématiques touchant les populations avec lesquelles ils travaillent. (shrink)

The author offers a conceptual investigation of the tension between openness and protection in well-developed welfare states. Because of a combination of demographic tendencies and labor market shortages, a growing number of European welfare states is currently exploring market-led immigration policies. However, the level of protection these welfare states offer seems hard to reconcile with the low threshold markets that are needed to incorporate newcomers. The author argues that the “solution”lies not so much in a clear political choice for either (...) but rather in the coordinated institutionalization of differentiated citizenship rights. The author illustrates this case with examples taken from the Dutch context, claiming further that the particular combination of corporatist welfare arrangements and the tradition of lenient enforcement in the Netherlands provides a “natural”habitat for the kind of regime pluralism that differentiated citizenship requires. (shrink)

The values of freedom and equality are at the heart of what it means for liberal states to do justice to their citizens. Yet, when it comes to the question of whether liberal states are capable of realizing the values of freedom and equality while controlling their borders, many philosophers are skeptical that liberalism and existing immigration arrangements can in fact be reconciled. After all, liberal states often deny entrance to prospective immigrants who are fleeing extreme forms of violence. They (...) also often police their borders in ways that are discriminatory and stigmatizing, contributing to a situation where immigrants are treated as morally inferior by society at large. Such practices conflict strongly with any commitment to the values of freedom and equality. -/- Luara Ferracioli here focuses on three key questions regarding the movement of persons across international borders: What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? And do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? Finally, if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise from immigration: the questions of who can exercise self-determination, and why they have such a right in the first place. (shrink)

Much of the debate around temporary foreign worker programs in recent years has focused on full or partial access to rights, and, in particular, on the extent to which liberal democratic states may be justified in restricting rights of membership to those who come and work on their territory. Many accounts of the situation of temporary foreign workers assume that a full set of rights will remedy moral inequities that they suffer in their new homes. I aim to show two (...) things: first, and based on experiences reported by former Live-in-Caregivers in Canada who now have access to the full set of citizenship rights, and German citizens who are descendants of Kurdish guestworkers in Germany, I have proposed that even after gaining citizenship, many of them experience social stigma and a sense of exclusion. Second, I have argued that this neglects a basic need that individuals have, which is to have access to relational resources within society in order to be protected against social deprivation. This need is seemingly immune to be effectively protected through the known catalogue of social, civic and political rights. Instead, I argue that social deprivation needs to be analyzed through the lens of institutional vulnerability to yield an analysis of the moral obligations of liberal democratic states. (shrink)

Since 2023, the UK government's response to the “migrant crisis” has revolved around two controversial flagship policies: the deportation of asylum seekers to Rwanda, and the detention of migrants aboard a giant barge. In this short article, I examine the colonial and gendered dimensions of the two policies, finding them to be examples of the coloniality of gender. What this indicates, I suggest, is that the purpose of these policies is not merely to deter potential migrants—particularly LGBTQIA+ migrants—but also to (...) create a political narrative that allows the Conservative Party to garner right-wing votes by participating in high-profile culture wars; namely, the debate over transgender rights and the debate over how the UK should reckon with its imperial past. (shrink)

Qui peut revendiquer un territoire, sur quelles bases et avec quelles conséquences sont des questions qui font l’objet de débats en philosophie politique contemporaine. En réponse, j’adopte « la théorie de l’État légitime » proposée par Stilz. Selon Wellman, une conséquence des revendications territoriales serait le droit de l’État de refuser la migration sur son territoire. Je juxtapose son propos de l’État légitime avec celui de Stilz et soutiens que, si l’on accepte la fondation de l’État légitime sur la (...) valeur de l’autonomie individuelle, accepter seulement des devoirs négatifs, soit de ne pas violer les droits des non-citoyens, n’est pas plausible. Je justifie les devoirs positifs des États légitimes d’aider à la réalisation de l’autonomie individuelle pour tous ceux dont les États d’origine échouent à la tâche et qui souhaitent se joindre et soutenir les institutions de l’État légitime. Cela implique l’obligation de l’État de permettre leur immigration.Who can claim a territory, on what grounds and what such claims entitle to has recently been the subject of much philosophical debate. In answer to this question, I adopt the ‘legitimate state theory’ proposed by Stilz. One consequence of the claim to territory that has been proposed by Wellman is the right to refuse migration onto a territory. I contrast his and Stilz’ account of the legitimate state and argue that if we accept that legitimate states are grounded on the value of individual autonomy, it is not plausible why states only have the negative duty to not violate human rights in dealings with non-citizens ; instead, I argue that states have positive duties to realize the possibility for individual autonomy for all those whose states fail in providing them with the means to individual autonomy and who wish to join and support the institutions of the legitimate state. This implies a duty to allow their immigration. (shrink)

Economic migration is a significant and growing development around the world but has produced unequal outcomes and experiences for marginalized groups. To theoretically explain such inequalities, we argue that integration experiences of immigrants in the host country differ based on the privilege that their demographic category bestows on them (or not). We elucidate our arguments by unpacking the concept of ‘privilege’ to theorize two key sources of privilege—_locational_ and _historical_—and explain them using the global economic divide (Global North vs. (...) Global South) and local social divides (race and caste). We propose that locational and historical privilege manifest as various types of capital that immigrants carry into their host countries. We juxtapose these two sources of privilege and its levels (low vs. high) to develop a typology of immigrants—_Marginalized, Peripheral, Assimilated,_ and _Wanted—_that captures differences in migrants’ integration experiences. By shining a light on the systematic differences between immigrants based on privilege, our research brings additional nuance to the scholarship on immigrant workers and inclusive organizations; and broadens avenues to make human resource practices more ethical by taking these differences into account. (shrink)

. Migrating narratives: pedagogical possibilities for relating difference. Ethics and Education: Vol. 7, Creating spaces, pp. 225-236. doi: 10.1080/17449642.2013.766539.

The migration of nursing professionals from developing countries such as Zimbabwe to industrialised countries is taking place at an alarming rate, with little signs of slowing down. In Africa, nurses form the backbone of the healthcare delivery system and their migration has a huge negative impact on health service provision. Drawing on evidence from selected health institutions, the paper shows the magnitude of migration of nurses from Zimbabwe. The paper also shows that public to private health sector (...) migration of nurses is occurring at a significant rate. The effects of such movements are examined in detail. For instance, at the health institution level, nurse migration has led to staff shortages, and health institutions located in the disadvantaged areas have been the worst affected. The paper calls for the adoption of an integrated approach in managing and addressing the concerns of the nursing professionals. (shrink)

Biomedical terminologies are focused on what is general, Electronic Health Records (EHRs) on what is particular, and it is commonly assumed that the step from the one to the other is unproblematic. We argue that this is not so, and that, if the EHR of the future is to fulfill its promise, then the foundations of both EHR architectures and biomedical terminologies need to be reconceived. We accordingly describe a new framework for the treatment of both generals and particulars in (...) biomedical information systems that is designed: 1) to provide new opportunities for the sharing and management of data within and between healthcare institutions, 2) to facilitate interoperability among different terminology and record systems, and thereby 3) to allow new kinds of reasoning with biomedical data. (shrink)

Climate change intersecting with complex socio-economic and political processes has produced distinctive patterns of crisis migration. However there exists a significant gap in understanding and theorizing these forms of migration creating significant policy challenges. Using a case study of an interstate migrant settlement in Bengaluru, India this article unpacks migration as an adaptation strategy through the lens of emotions. The article offers significant insights into how emotions affect the choice of migration as an adaptation strategy and (...) shapes the differential experiences of risks and vulnerability for different groups of people. Emphasizing such relational aspects of migration, the article calls for more research that develops a nuanced understanding of the emotional landscapes of migrants across migration pathways. (shrink)

Across a number of countries including Venezuela, Colombia, Bolivia, Ecuador, Honduras, Costa Rica, and Nicaragua, incumbent presidents in Latin America have recently sought to amend their constitutions to eliminate or weaken presidential term limits. In some cases, these efforts to extend terms have been part of broader projects to consolidate power, weaken other state institutions, and tilt the electoral playing field in favor of incumbents. From a legal perspective, these cases are interesting because they highlight the limits of tools limiting (...) constitutional change, such as eternity clauses and the unconstitutional constitutional amendment doctrine, to constrain potentially anti-democratic or anti-liberal forms of constitutional change. Although constitutional texts in most of these cases gave courts ample ammunition to reject attempts to eliminate term limits or at least to force those changes down more demanding paths, courts did not stand in the way of most of these efforts and in some cases even used the doctrines to eliminate rather than protect term limits. The case studies highlight the extent to which the “superficial” spread of doctrines controlling constitutional change may fail to block, and indeed may promote, forms of constitutional change that threaten liberal democratic constitutionalism. It also suggests possibilities for deepening the effectiveness of transnational dialogue on these issues. (shrink)

This special issue consists of four articles, contributed by David Owen; Désirée Lim, Sahar Akhtar and (as co-authors) Mollie Gerver, Miranda Simon, Patrick Lown and Dominik Duell. These contributions address issues related to migration policies with the aim of bringing normative theories of migration and discrimination into dialogue. These theories describe the various types of discrimination inherent in the domestic and global migration systems, as well as assess arguments, pro et contra, about whether these forms of discrimination (...) are permissible. (shrink)

This article aims to contribute to the currently sparse literature on transnational families and gender. It focuses on the retrospective accounts of Caribbean-born adults who as children were serial migrants, joining their parents in the UK following a period of separation. It considers aspects of their relationships with their siblings and with their mothers and fathers. The article illuminates what the serial migrants viewed as contradictory everyday practices that produced ‘non-shared environments’. It discusses three ways in which transnationalism appeared to (...) be a central part of the serial migrants’ family lives. First, it was embodied. Second, it was lived as cultural difference between Caribbean-born and UK-born siblings. Third, it was reported to be evident in parental practices. The article illustrates the importance of viewing gendered narratives in a psychosocial intersectional perspective. (shrink)

The COVID-19 pandemic has led to the largest sudden global change to community life in living memory. Since being declared a pandemic in early 2020, there has been a growing body of evidence that h...

Name der Zeitschrift: Der Islam Jahrgang: 94 Heft: 1 Seiten: 234-275.

Resumen: Las políticas europeas de inmigración y refugio han sido criticadas por quienes las consideran emblemas de una concepción que pone en grave riesgo elementos básicos del Estado de Derecho y aun de la democracia. El epítome es la aparición de mercados de esclavos en Libia, a las puertas de la UE, un Estado fallido que la UE y sus Estados miembros se empeñan en elevar a la condición de partner privilegiado de sus políticas de externalización. Tomando como base los (...) análisis de Lochak, Agambem y Bauman y la concepción de la propuesta por el filósofo camerunés Mbembé, desarrollando tesis de Foucault (biopolítica), se proponen algunas alternativas que vienen presididas por la exigencia de reconocimiento y garantía de derechos básicos de inmigrantes y refugiados. Abstract: European immigration and refuge policies have been criticized by those who see them as emblems of a conception that puts in serious risk basic elements of the Rule of Law and even of democracy. The epitome is the emergence of slave markets in Libya (at the gates of the EU), a failed state that, nevertheless, the EU and its Member States are determined to raise to the status of privileged partner of their outsourcing policies. Based on the analysis of Lochak, Agambem and Bauman and the conception of the proposed by the Cameroonian philosopher Mbembé who develops Foucault's thesis about biopolitics, this text will propose some alternatives that are leaded by the requirement of recognition and guarantee of rights of immigrants and refugees. (shrink)