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Refugees

2012

Tally Kritzman-Amir

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On The Morality And Legality Of Borders: Border Policies And Asylum Seekers, Tally Kritzman-Amir Feb 2012

On The Morality And Legality Of Borders: Border Policies And Asylum Seekers, Tally Kritzman-Amir

Tally Kritzman-Amir

The article examines the way in which states treat– and should treat – asylum seekers seeking to enter the country in an undocumented manner. Part I of the paper discusses in general terms whether states have a moral duty towards asylum seekers wishing to enter their borders. We argue that there is indeed such a duty, and discuss the source of this duty. From this duty, we believe, derives a moral duty to apply fair procedures at the border. Part II explains the legal norms imposing such a duty on states toward asylum seekers at their borders. We explain that …