"Waves of Freedom": Kant and the Right to Rescue on the High Seas

<p dir="ltr">This Article draws upon the legal philosophy of Immanuel Kant to argue that all seafarers—from stateless migrants to billionaires on mega-yachts—possess legal rights to rescue on the high seas. These rights are of the kind legal practitioners call “human rights,” and correspond to obligations enforceable against the flag state of any Coast Guard, naval, or other “public” vessel receiving the seafarers’ distress signals. A second, corollary claim is that we must abandon the “Grotian” model of the seas as commons and view them instead as “global public goods” that the international legal order always already maintains through institutions for the public freedom of everyone, everywhere, forever.

Publication Details

Journal
eYLS (Yale Law School)
Published
2024-12-01
Primary Topic
Corporate Governance and Financial Management
Type
article
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article

"Waves of Freedom": Kant and the Right to Rescue on the High Seas

eYLS (Yale Law School)
Corporate Governance and Financial Management
article

"Waves of Freedom": Kant and the Right to Rescue on the High Seas

article en

Abstract

<p dir="ltr">This Article draws upon the legal philosophy of Immanuel Kant to argue that all seafarers—from stateless migrants to billionaires on mega-yachts—possess legal rights to rescue on the high seas. These rights are of the kind legal practitioners call “human rights,” and correspond to obligations enforceable against the flag state of any Coast Guard, naval, or other “public” vessel receiving the seafarers’ distress signals. A second, corollary claim is that we must abandon the “Grotian” model of the seas as commons and view them instead as “global public goods” that the international legal order always already maintains through institutions for the public freedom of everyone, everywhere, forever.

eYLS (Yale Law School)
Peace, Justice and strong institutions
Openalex Percentile: Top 32%
Corporate Governance and Financial Management
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"Waves of Freedom": Kant and the Right to Rescue on the High Seas · eYLS (Yale Law School) (2024) | TGRS Research Map | TGRS