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Open border

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An open border is a border that enables free movement of people between different jurisdictions with limited or no restrictions on movement. A border may be an open border due to intentional legislation allowing free movement of people across the border, or a border may be an open border due to lack of adequate enforcement or adequate supervision of the border. An example of the former is that between most member states of the European Union and European Free Trade Area, which allows free movement with very few restrictions. An example of the latter has been the border between Bangladesh and India, which is becoming controlled. The term "open borders" applies only to the flow of people, it does not refer to the flow of goods and services.[1] However where an open borders policy exists, so does a free trade policy—but the converse is not necessarily or even usually true. The world's longest international border, the Canada-United States border, is a closed border, as well as the world's most frequently crossed border, the Mexico-United States border.

Different types of borders

To understand the arguments for and against open borders, it is necessary to have a basic understanding of the other types of borders available. These are:

A conditionally open border is a border that allows movement of people across the border that meet a special set of conditions. This special set of conditions which limits the application of border controls that would normally otherwise apply could be defined by an international agreement or international law, or the special conditions could be defined by a regulation or law of the jurisdiction that the people are claiming the right to enter. Conditionally open borders generally requires a claim to be submitted from the people who are proposing to enter the new jurisdiction stating why they meet the special conditions which allow entry into the new jurisdiction. The new jurisdiction may detain the people until their claim is approved for entry into the new jurisdiction, or they may release them into the new jurisdiction while their claim is being processed. Whenever a conditionally open border is allowed, a considerable effort is often required to ensure that border controls do not break down to such an extent that it becomes an open border situation. An example of a conditionally open border is a border of any country which allows movement of asylum seekers due to application of either the 1951 Refugee Convention or international law which allows people to cross a border to escape a situation where their lives are directly threatened or in significant danger. Within the European Union, borders are normally fully open between members of the Schengen Agreement (most EU plus all EFTA members) on the one hand and between members of the Anglo-Irish Common Travel Area on the other; movement between these two zones is 'conditionally open' in that there are lightweight identity checks on EU/EFTA citizens but full immigration controls on other nationals.

A controlled border is a border that allows movement of people between different jurisdictions but places restrictions and sometimes significant restrictions on this movement. This type of border may require a person crossing this border to obtain a visa or in some cases may allow a short period of visa free travel in the new jurisdiction. A controlled border always has some method of documenting and recording people movements across the border for later tracking and checking compliance with any conditions associated with the visa or any other border crossing conditions. A controlled border places limitations on what a person crossing the border can do in the new jurisdiction, this is usually manifested in limitations on employment and also it limits the length of time the person can legally remain in the new jurisdiction. A controlled border often requires some type of barrier, such as a river, ocean or fence to ensure that the border controls are not bypassed so that any people wishing to cross the border are directed to authorized border crossing points where any border crossing conditions can be properly monitored. Given the large scale movement of people today for work, holidays, study and other reasons a controlled border also requires internal checks and internal enforcement within the jurisdiction to ensure that any people who have entered the jurisdiction are in fact complying with any border crossing conditions and that they are not overstaying to reside illegally or as an undocumented resident.[2] Most international borders are by legislative intent of the controlled border type. However, where there is a lack of adequate internal enforcement or where the borders are land borders, the border is often controlled only on part of the border, while other parts of the border may remain open to such an extent that it may be considered an open border due to lack of supervision and enforcement.

A closed border is a border that prevents movement of people between different jurisdictions with limited or no exceptions associated with this movement. These borders normally have fences or walls in which any gates or border crossings are closed and if these border gates are opened they generally only allow movement of people in exceptional circumstances. Perhaps the most famous example of an extant closed border is the Demilitarized Zone between North Korea and South Korea. The Berlin Wall could also have been called a closed border.

Arguments for open borders

  1. Open borders advocates argue that free migration is the most effective way to reduce world poverty. Migrants from developing countries can earn higher wages after moving to a more developed country,[3] usually lifting them from 'developing world poverty' to 'developed world poverty'. They also send remittances to relatives in their home country, the flow of remittances being estimated to be around three times the global foreign aid spending reported by the OECD.[4]
  2. A literature summary by economist Michael Clemens leads to an estimate that open borders would result in an increase of 67-147% in GWP (gross world product), with a median estimate of a doubling of world GDP.[5]
  3. From a human rights perspective, free migration may be seen to complement Article 13 of the Universal Declaration on Human Rights: (1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country.[6]
  4. American bioethicist Jacob M. Appel has argued that "treating human beings differently, simply because they were born on the opposite side of a national boundary," is inherently unethical. According to Appel, such "birthrights" are only defensible if they serve "useful and meaningful social purposes" (such as inheritance rights, which encourage mothers and fathers to work and save for their children), but the "birthright of nationality" does not do so. Economist and writer Philippe Legrain argues that the countries of the world need migration to help global trade and reduce the occurrence of regional wars.

It has been proposed that borders between the North American Free Trade Agreement (NAFTA) countries be opened. If goods and services and corporations can cross international boundaries without restraint, it is argued, then it does not make sense to restrain on the flow of people who work to make those goods and services.[7]

An extensive reading list of pro-open borders arguments is available on the website Open Borders: The Case, a website advocating and discussing open borders.[8] The authors referenced include Bryan Caplan,[9] Alex Tabarrok, Michael Clemens, Lant Pritchett, Joseph Carens, and many others.

Arguments against open borders

Controlled borders restrict migration by non-citizens. Several arguments for controlled borders and against open borders are as follows:

  1. That controlled borders encourage responsible policies in relation to population and birth rates for countries by preventing high population and high birth rate countries from disgorging their people onto other low population and low birth rate countries.[10][11][12]
  2. That open borders can be a threat to security and public safety. The threats to security and public safety can sometimes manifest themselves many decades after the initial immigration.[13]
  3. That large scale migration across open borders can result in demographic changes that can result in demographic shifts that change a country's political power structures in favor of the new demographic and against the existing people of a region or country.[14]
  4. That open borders can lead to infrastructure deficit in a country. This occurs when large scale migration occurs but the infrastructure to support that migration does not get built.[15]

Examples of open borders

List of states with open borders

Agreement States Notes
Schengen Agreement and
microstates with open borders
Most European Union (EU) and European Free Trade Area (EFTA) nations share open inter-state borders as part of the Schengen Agreement, allowing free flow of people between nations: controls on entry to the entire Schengen area are carried out at the first country of entry.

Border controls persist for travel between the Schengen area and the Anglo-Irish 'Common Travel Area' (see below), though these are relatively lightweight for EU/EFTA/Swiss citizens. In each case, there are more exacting entry restrictions on travellers who are not in these categories.

Iceland, Norway, Liechtenstein, and Switzerland are not members of the EU but nevertheless are parties to the Schengen Agreement. Monaco, San Marino, and the Vatican City are de facto Schengen states (officially not members but have no border control on the border with their respective enclaving states). Conversely, Ireland and the United Kingdom are not parties to Schengen although they are EU members.

Common Travel Area United Kingdom, Ireland, Jersey, Guernsey and Isle of Man share open borders under the Common Travel Area arrangement, allowing their citizens unrestricted freedom of movement in both countries without any need for identity documents [other than as routinely required for air travel]. Controls on entry to the entire Common Travel Area are carried out at the first country of entry.
Union State Russia and Belarus share open borders, allowing their citizens unrestricted freedom of movement in both countries.
Treaty of Peace and Friendship
India and Nepal share open borders, allowing their citizens unrestricted freedom of movement in both countries.
Trans-Tasman Travel Arrangement and Realm of New Zealand Though Australia and New Zealand do not share a land border, they allow each other's citizens to travel, live, and work freely in either country without any restrictions, except the requirement to demonstrate citizenship, under the Trans-Tasman Travel Arrangement.
CA4 Border Control Agreement The CA4 Border Control Agreement acts similarly to the Schengen agreement. With full freedom of movement for citizens of the countries and foreign nationals. However, foreign nationals traveling by air must obtain the necessary permits or to undergo checks at border checkpoints.
Compact of Free Association Citizens of Micronesia, the Marshall Islands, and Palau can enter, reside, and study indefinitely in the United States while having access to many of its agencies. United States citizens can also live and work in any of the Compact of Free Association members. However, a form of identification (passport, birth certificate, etc.) is initially required.

Examples of controlled borders

  • The border between the United States and Mexico is controlled. This border is the most frequently crossed controlled international boundary in the world,[16][17][18] with approximately 350 million legal crossings being made annually.[17][19][20]
  • India and Bangladesh share a border—which India is in the process of turning into a controlled border via the completion of a full border fence between the two countries to control the flow of people between the two countries and prevent illegal migration. Large scale illegal Bangladeshi immigration in the past across the open border has entered India creating Bangladeshi slums on the outskirts of many India cities. The Bangladeshi people are expected to soon form the majority of people in India in areas close to the India Bangladeshi border largely as a result of the past and continuing illegal immigration.[21]
  • Entry into any of the U.S. minor outlying Islands requires permission from the U.S. Military, and entry to the territory of American Samoa for US citizens requires a return ticket.[22]

Examples of closed borders

See also

Notes

* Austria, Denmark, France, Germany, Norway, and Sweden have temporarily imposed controls on some or all of their borders due to the ongoing European migrant crisis.[25]

References

  1. ^ https://web.archive.org/web/20150923133707/http://www.populationenvironmentresearch.org/papers/Colemanmigration.pdf
  2. ^ "Orbis | Foreign Policy Research Institute" (PDF). Fpri.org. 2014-05-08. Retrieved 2014-05-26.
  3. ^ http://www.cgdev.org/publication/place-premium-wage-differences-identical-workers-across-us-border-working-paper-148
  4. ^ http://www.ifad.org/events/remittances/index.htm
  5. ^ http://pubs.aeaweb.org/doi/pdfplus/10.1257/jep.25.3.83
  6. ^ Antoine Pécoud and Paul de Guchteneire (Eds): MIGRATION WITHOUT BORDERS, Essays on the Free Movement of People (Berghahn Books, 2007)
  7. ^ Reason Magazine - Open the Borders
  8. ^ "Pro-open borders reading list". Open Borders: The Case. Retrieved 2013-04-21. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
  9. ^ "Why Should We Restrict Immigration?" (PDF). Retrieved 2015-11-06. Cato Journal Winter 2012 Vol. 32 No. 1
  10. ^ [1] Archived 2011-08-22 at the Wayback Machine
  11. ^ "Optimism and Overpopulation - 94.12". Theatlantic.com. Retrieved 2014-05-26.
  12. ^ "The Road to Overpopulation is Roads". Culturechange.org. Retrieved 2014-05-26.
  13. ^ Camarota, Steven A. (2001-09-11). "The Open Door: How Militant Islamic Terrorists Entered and Remained in the United States, 1993-2001 | Center for Immigration Studies". Cis.org. Retrieved 2014-05-26.
  14. ^ Smith, Tony. "Ethnicity, Immigration, and The American National Community | Center for Immigration Studies". Cis.org. Retrieved 2014-05-26.
  15. ^ Kammer, Jerry (2011-10-17). "Washington Post Cites Population Growth, Then Takes a Pass | Center for Immigration Studies". Cis.org. Retrieved 2014-05-26.
  16. ^ Edwin Mora (May 19, 2010). "Senate Democratic Whip Compares Sealing the Mexican Border to Trying to Keep Drugs Off of I-95". Cybercast News Service. Retrieved March 9, 2011.
  17. ^ a b Golson, Barry; Thia Golson (2008). Retirement Without Borders: How to Retire Abroad—in Mexico, France, Italy, Spain, Costa Rica, Panama, and Other Sunny, Foreign Places. New York, New York: Simon & Schuster. p. 75. ISBN 978-0-7432-9701-1. Retrieved March 9, 2011.
  18. ^ Glenday, Craig (2009). Guinness World Records 2009. Random House Digital, Inc. p. 457. ISBN 978-0-553-59256-6. Retrieved March 9, 2011.
  19. ^ "US, Mexico open first new border crossing in 10 years". AFP. Washington. January 12, 2010. Archived from the original on 2014-02-28. Retrieved December 3, 2012. The US-Mexico border is the busiest in the world, with approximately 350 million crossings per year.
  20. ^ "The United States-Mexico Border Region at a Glance" (PDF). United States-Mexico Border Health Commission. New Mexico State University. Retrieved December 3, 2012. In 2001, over 300 million two-way border crossings took place at the 43 POEs.
  21. ^ "‘Demographic Deluge’: Illegal Migration as a Security Threat to India | Indian Defence Forum". Indiandefence.com. Retrieved 2014-05-26.
  22. ^ http://www.americansamoa.travel/travel--transportation
  23. ^ Ukraine blocks access to exit from Transdniestria for Russian citizens
  24. ^ Venezuela Colombia border dispute
  25. ^ "Temporary Reintroduction of Border Control". European Commission. Retrieved 16 February 2016.

Further reading

  • ACME. 2003. Vol. 2.2, themed issue: "Engagements: Borders and Immigration.
  • Abizadeh, Arash. 2008. "Democratic Theory and Border Coercion: No Right to Unilaterally Control Your Own Borders." Political Theory 35.1: 37-65.
  • Bader, Veit. 2005. "The Ethics of Immigration." Constellations 12.3: 331-61.
  • Barry, Brian, and Robert E. Goodin, eds. 1992. Free Movement: Ethical Issues in the Transnational Migration of People and of Money. University Park, PA: Pennsylvania State University Press.
  • Bauder, Harald. 2003. "Equality, Justice, and the Problem of International Borders." ACME 2.2: 165-182.
  • Bauder, Harald. 2012. "Jus domicile: In Pursuit of a Citizenship of Equality and Social Justice." Journal of International Political Theory 8.1–2: 184–196.
  • Blake, Michael. 2003. "Immigration." In A Companion to Applied Ethics, ed. R. G. Frey and C. H. Wellman. Oxford: Blackwell.
  • Bosniak, Linda. 2006. The Citizen and the Alien: Dilemmas of Contemporary Membership. Princeton: Princeton University Press.
  • Brubaker, W. R, ed. 1989. Immigration and the Politics of Citizenship in Europe and North America. Lanham, MD: University Press of America.
  • Carens, Joseph H. 1987. "Aliens and Citizens: The Case for Open Borders." The Review of Politics 49.2: 251-73.
  • Chang, Howard F. 1997. "Liberalized Immigration as Free Trade: Economic Welfare and the Optimal Immigration Policy." University of Pennsylvania Law Review 145.5: 1147-244.
  • Cole, Phillip. 2000. Philosophies of Exclusion: Liberal Political Theory and Immigration. Edinburgh: Edinburgh University Press.
  • Dauvergne, Catherine. 2008. Making People Illegal: What Globalization Means for Migration and Law. Cambridge: Cambridge University Press.
  • Dummett, Michael. 2001. On Immigration and Refugees. London: Routledge.
  • Ethics and Economics. 2006. Volume 4.1. Special issue on immigration.
  • Gibney, Mark, ed. 1988. Open Borders? Closed Societies? The Ethical and Political Issues. New York: Greenwood Press.
  • Heath, Joseph. 1997. "Immigration, Multiculturalism, and the Social Contract." Canadian Journal of Law and Jurisprudence 10.2: 343-61.
  • Michael Huemer. 2010. Is There a Right to Immigrate?, Social Theory and Practice, Vol. 36, Nr. 3, DOI: 10.5840/soctheorpract201036323, S. 429-61.
  • Miller, David, and Sohail Hashmi, eds. 2001. Boundaries and Justice: Diverse Ethical Perspectives. Princeton, NJ: Princeton University Press.
  • Miller, David. 2005. "Immigration: The Case for Limits." In Contemporary Debates in Applied Ethics, ed. A. I. Cohen and C. H. Wellman. Oxford: Blackwell.
  • Riley, Jason L. (2008). Let Them In: The Case for Open Border. Gotham. ISBN 1-59240-349-2.
  • Schwartz, Warren F., ed. 1995. Justice in Immigration. Cambridge: Cambridge University Press.
  • Swain, Carol M., ed. 2007. Debating Immigration. New York: Cambridge University Press.
  • Torpey, John. 2000. The Invention of the Passport: Surveillance, Citizenship, and the State. Cambridge: Cambridge University Press.
  • Walzer, Michael. 1983. Spheres of Justice: A Defence of Pluralism and Equality. Oxford: Blackwell.
  • Wellman, Christopher Heath. 2008. "Immigration and Freedom of Association." Ethics 119: 109-141.
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