Abstract: Right to Exclude

In this paper I will defend a limited right to exclusion. Legitimate
states are entitled to refuse the entrance of unwanted immigrants, if necessary
with force. However, I will also work out leverage points for a cosmopolitan
critique of this view, one that starts with national borders as they are and
constructs human rights conditionalities as they could be. In particular, I propose
an immanent critique of Michael Blake’s jurisdictional theory of immigration.
Blake gives a compelling argument that sovereign states have a prerogative
to decide upon their own border policies, a prerogative that is only constrained
by the international human rights regime. However, even if cosmopolitans
accept this argument (which I think they should), they still have good reasons
to expand the prevailing human rights regime in three respects: with regard to
the classification of basic human rights, the domain of human rights obligations,
and blind spots of the current human rights regime.

Keywords: Michael Blake, human rights, political feasibilities, right to exclude,
migration ethics