Abstract
Migration management reflects the inescapable dialectic between immigrants’ human rights and the rights of sovereign states to control their arrival. This article focuses on two disciplines to shed some light on the dialectic: philosophy and law. The first section presents the primary authors within the ius gentium tradition that dealt with the arrival of strangers to a political community. The lens through which this article analyses these authors’ contribution is hospitality, calling for the adequate treatment the stranger deserves while considering the host community’s moral value. The second section examines the cutting-edge issue of pushback practices at the European external border, which, under the umbrella of the principle of non-refoulement, may challenge hospitality and immigrants’ rights. The third section puts the first and second sections into dialogue to show how debates around migration management can benefit enormously from philosophy and law. The ethical concept of hospitality can illuminate the debate on immigration by striking a balance between the two poles of the dialectic.
Recommended Citation
Pedro Rodríguez-Ponga,
How Can Sovereign States Embrace Hospitality? A Study of the Ius Gentium Tradition and Expulsions of Immigrants at the Border,
68
St. Louis U. L.J.
(2024).
Available at:
https://scholarship.law.slu.edu/lj/vol68/iss2/9