Borders in Flux: Ethical Philosophy and the Reimagining of International Law
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2025-03-27
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en
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This article examines the intersection of international humanitarian law (IHL), border governance, and ethical philosophy, arguing that contemporary legal frameworks fail to uphold universal principles of justice and human dignity. Using Ayelet Shachar’s concept of the shifting border as a foundation, the paper explores how states strategically manipulate borders — both territorially and jurisdictionally — to regulate mobility while evading legal and ethical responsibilities. Through a critical analysis of Shachar’s proposed solutions, including personhood-based recognition and transnational cooperation, the study assesses the feasibility of restructuring IHL to prioritize human rights over state sovereignty. It also engages with the broader philosophical discourse on migration, incorporating insights from Joseph Carens, Michael Walzer, and Nandita Sharma, while interrogating the colonial legacies embedded in contemporary border practices. The research ultimately addresses the central question: would grounding international law in ethical philosophy create a more just and borderless world? While concluding that a fully borderless world remains unlikely under current geopolitical conditions, the article argues that reorienting IHL toward ethical principles is a necessary step in dismantling systemic injustices and reshaping global mobility governance. The findings underscore the urgency of further interdisciplinary research to develop practical mechanisms for integrating ethical philosophy into international legal frameworks.
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Faculteit der Filosofie, Theologie en Religiewetenschappen