International Theory
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depends upon some entities (states) having the power to make people stateless
(to deny them political representation, basic needs fulfilment, and rights protections
by denying them state membership). Thus, the current structure of the state system
creates both statelessness and a perpetual vulnerability to statelessness even among
people who presently enjoy state memberships. It creates statelessness by making it
the case that some people are denied reliable access to basic needs fulfilment, basic
rights protections, and political enfranchisement because they are denied state
membership. And it creates perpetual vulnerability to this condition by granting
states the discretionary right to deny membership—which, given the organisation of
the state system around the Political Authority Principle, brings with it a denial of
reliable access to these same goods and protections.
One could imagine alternate institutions that did not attach enfranchisement,
needs fulfilment, and rights protection so firmly to state membership or did not give
states the power to deny it at will. This leaves open the question of what alternate
institutional arrangements we should prefer. I have suggested that, to adequately
address the issue of statelessness, the international system should not be organised
around the Political Authority and Sovereignty Principles; we should abandon at least
one of these principles. But there are many possible institutional arrangements that
would meet this standard. One option, of course, would be the complete abolition of
the state in favour of an anarchic system. But this is not the only option, and nothing
I’ve said here entails it is the one we should pursue.
Instead, one could imagine a world of open borders, as Carens advocates, where
people are guaranteed the freedom to settle in any state of their choosing55—
combined with an additional guarantee that they would enjoy membership wherever
they settled. This would revoke states’ discretion over their membership, a clear
rejection of the Sovereignty Principle. In a world like this, states might still be
powerful political actors and the Political Authority Principle might remain in place,
attaching important benefits and protections to state membership. But states would
not be entitled to deny or revoke membership—and individuals would have greater
power to determine their own membership by settling where they preferred.
Alternatively, imagine establishing political institutions in which stateless people
were formally enfranchised and guaranteed the protections that (today) typically
require state membership. Siegelberg discusses one such arrangement proposed to
accommodate stateless people after World War II, which would have ‘create[d] an
extranational citizenship sponsored by the United Nations such that the stateless
would become the first world citizens.’56 This reform alone wouldn’t challenge the
Sovereignty Principle, as states could retain discretion over their membership. But it
would constitute a clear departure from the Political Authority Principle, as there
would be another way for stateless people to reliably access the needs fulfilment,
rights protections, and political enfranchisement that currently depend on state
membership.
One could also imagine strengthening international institutions to more significantly limit states’ sovereign discretion. For example, Arendt briefly endorsed the
idea of a European federation of nations where political community and territorial
sovereignty need not be so tightly connected as they are in the standard Westphalian
55
56
Carens 2013, 225–54.
Siegelberg 2020, 174.
https://doi.org/10.1017/S175297192500003X Published online by Cambridge University Press