Access to the Territory Between Domination and Authority: Some Thoughts Regarding the Policies of Non-entrée

Examining the policies of non-entrée states of the Global North develop to prevent exiles’ arrivals on their territory, the article deploys a legal analysis and a theoretical perspective in order to question such a closure to exiles who are deprived of their right to be recognised as persons before the law. The techniques of non-entrée decouple the territory from the borders by expanding these ones outside and inside the territory, deploying methods of domination, so much so exiles are dispossessed of their status of subject of law. Yet exploiting the potential of the principle of responsibility in both its legal and political dimension, it is argued that sovereignty should be understood as non-domination, as authority, accepting all the consequences of the principle of responsibility. Based upon such reflections, is proposed a substantialisation of the right to have rights, leading to the assertion of a new ethos and nomos that embrace plurality and otherness.