Refugee Right from a Kantian Perspective

Abstract

Despite the importance to and influence of Kant’s work on contemporary moral and political philosophy, little has been written concerning the possible application of Kant’s moral and political principles to the issue of refugee right. Such lack of exploration seems even more surprising in light of recent refugee crises making headlines across the globe. This thesis constructs a Kantian account of refugee right by examining and applying the Kantian principles of the law of hospitality and the original right to a place on Earth, while balancing these rights against the right of nations to self-determination. As such, this thesis starts with a thorough analysis of Kant’s moral and political framework, drawing from both the Doctrine of Right and Perpetual Peace. The law of hospitality and original right to a place on Earth are explicated and drawn upon to construct a concept of refugee right in accordance with Kant’s Principle of Right and wider principles of freedom. Then the scope of the thesis is broadened to examine how such a refugee right could realistically be implemented across the globe at the level of international relations and law. After careful examination of Kant’s views on sovereignty and self-determination, it is found that nations cannot be coerced to follow laws as individuals can. As a result, Kant’s admittedly vaguer concept of moral progress will be found to be an essential factor with regard to the realisation of - a refugee right.