States as agents and as trustees

Abstract

In The Shifting Border, Ayelet Shachar observes that the ‘beast’ of state migration policy has broken out of its cage and shifted both outward – to intercept migrants before they can ‘touch base’ and thereby gain rights – and inward, to restrict and subvert the rights of migrants and others in Exclusionary Zones within state territory. Shachar wants to ‘tame’ the beast by obligating states and their agents to uphold basic rights wherever they act. The current article first questions whether this ‘beast’ is necessarily monstrous, or whether it is not an admittedly excessive response to understandable challenges that arise due to the passivity of territorial states in the face of external forces. The article then suggests that the better response to this passivity is for states to embrace their legitimating function of trusteeship for the people (or moral patients) of the world as a whole.