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Lucia M. Rafanelli
collective self-determination)—and that this would require reforming the existing
migration policy regime, especially the regime of refugee policy.109
Stilz argues that states have ‘morally binding, enforceable’ duties to avoid
frustrating ‘outsiders’ fundamental territorial interests’ (roughly, their interests
in being able to occupy and use land to pursue their life projects).110 This requires
admitting refugees, by which Stilz means anyone whose fundamental territorial
interests are unfulfiled in their home country.111 Stilz argues that states’ enforceable duties should be enforced using a strategy whereby states voluntarily bind
themselves and bind each other to fulfil their duties, ensuring all refugees are
admitted to some state where their occupancy rights and self-determination are
protected and where they enjoy basic justice. Specifically, Stilz says, states should
bind themselves via treaty and bind each other by threatening to revoke the
benefits of international cooperation from other states that do not sign or honour
the terms of the relevant treaties.112
While I share Stilz’s scepticism about whether states are entitled to the full
discretion over membership the state system currently assigns them,113 I believe
her allegiance to a statist model of world order limits the extent to which her
arguments can show us the way to full justice—especially for stateless people. As
indicated above, I understand the existing state system to be organised around the
Political Authority Principle (since states are the world’s primary political authorities,
reliable access to basic needs fulfilment, rights protection, and political enfranchisement is conditioned on state membership) and the Sovereignty Principle (because
they are sovereign, states may grant or deny membership at will). Stilz, reasonably,
argues we should reject the Sovereignty Principle, but she presents this as a friendly
amendment to the state system, rather than a radical challenge to it. She explicitly
describes her view as a ‘reformist account of territorial sovereignty’,114 contrasting it
with a ‘more radical[] strand of cosmopolitanism that places the normative presuppositions of the modern state system into question’.115
However, I would argue that to reject the Sovereignty Principle is precisely to reject
a key ‘normative presupposition[] of the modern state system’.116 Thus, if Stilz really
does want us to reject the Sovereignty Principle, then her view calls for a more radical
change to the core organising principles of the state system than she admits. But if this
true, it is not clear that we can or should rely on states and statist institutions to bring
about the required change—as Stilz suggests we should. At the very least, there is a
danger in overreliance on statist institutions that Stilz doesn’t seem to recognise. As I
argued above, there is good reason to think that channelling political activity through
statist institutions will entrench the existing state system, around whose structure
they are designed. This suggests we should not rely on statist institutions as the
109
Stilz 2019.
Ibid., 251, emphasis in the original.
111
Ibid., 157–86, 251–2.
112
Ibid., 219–48.
113
Ibid., 12–3.
114
Ibid., 15, emphasis in the original.
115
Ibid., 17. I have not argued that all boundaries or political memberships are morally arbitrary, which is
the view Stilz (2019, 17) attributes to the ‘radical’ cosmopolitans. However, I have argued that the basic
organising structure of the state system is ill-equipped to achieve full justice and should be challenged.
116
Stilz 2019, 17.
110
https://doi.org/10.1017/S175297192500003X Published online by Cambridge University Press