The recognition of a right to be rescued at sea in international law

Abstract

Current efforts to address the challenges faced by migrants at sea are not effective, as the attention is deflected to security measures for deterring people to leave their countries in the first place, rather than efforts to provide for an adequate search and rescue system which will preserve their rights and lives. This article puts an individual right to be rescued at sea on the legal map mindful of evolving migration challenges and the need to be responsive to human rights crises. By contextualizing philosophical theories that have shaped our understanding of the idea of human rights, it turns to examine the pathways in which rights on the horizon emerge and achieve full recognition. This article contends that irregular migration by sea necessitates normative change and activates an international dialogue on recognizing a right to be rescued at sea that will utmost challenge the boundaries of rights beyond national borders.