Beckman, Ludvig | 2025
Critical Review of International Social and Political Philosophy
This paper examines the legitimacy of extraterritorial border controls, specifically maritime interceptions, through the lens of state authority. It argues that legitimacy requires de facto authority, which states may not always possess over migrants intercepted in international waters. Drawing on Raz’s theory of authority, the paper distinguishes between weak and strong conceptions of de facto authority and evaluates whether states meet these conditions during maritime interceptions. The analysis suggests that while states claim legal authority through domestic and international law, their authority is often not recognized by migrants, thus failing the strong conception of de facto authority. Consequently, maritime interceptions may not constitute legitimate or illegitimate exercises of authority but rather acts of brute power. The paper also explores how international law claims authority over state actions and its limitations in governing extraterritorial border controls. The findings challenge conventional views on state legitimacy and propose that intercepted migrants may not be bound by state directives, raising important ethical and legal implications for migration governance.
