ABSTRACT

The findings of the first, legally oriented part provide the point of departure for the second, philosophically oriented part, to which this chapter sets the scene. It preliminary explicates the assumptions and the approach of the following analysis, outlines the philosophical debate on justice and human rights and on duties to ‘outsiders’, and accentuates the difference between cosmopolitan and statist traditions. It identifies six theoretical approaches within the tradition of statism that could provide premises for a territorial limitation of human rights duties, i.e., six frameworks in which potential normative arguments against expanding human rights obligations beyond borders could be developed, and which will be analyzed in subsequent Chapter 7.