Refugees, Fairness and Taking up the Slack: On Justice and the International Refugee Regime

Abstract

Abstract The central topic addressed in this essay is the relationship of duties of justice towards refugees and the distribution of responsibility for the protection of refugees (with particular focus on the questions of whether doing one’s fair share of refugee protection entails that one has done all that is required to discharge one’s duty of justice towards refugees). I address this topic in relation to the institutional context of the current international refugee regime. The first part of the essay lays out the normatively salient features of the current refugee regime and the relationship between duties of justice to refugees and the fair distribution of refugee protection that it institutes. In the course of this discussion, I draw particular attention to the fact that it is an important feature of the current refugee regime that it does not limit the duty to protect refugees to doing one’s fair share of refugee protection. The second part of the essay considers whether this feature of the refugee regime is justifiable by addressing arguments concerning whether duties of justice are limited to doing one’s fair share of refugee protection. In particular, this section addresses the argument proposed by David Miller that there is no duty of justice to take up the slack that is produced by the non-compliance of other actors. It argues that Miller’s argument is invalid and that duties of justice towards refugees may require doing more than one’s fair share, but also that there is an obligation to seek the fairest arrangements compatible with effective refugee protection. In the final section, I consider the significance and difficulties of the issue of a fair distribution of refugee protection for the contemporary refugee regime.

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