Navigare fra istanze stato-centriche e cosmopolitiche: il caso Sea-watch in una prospettiva conflittuale

Abstract

The Sea-Watch case raises a significant theoretical issue in international law: a conflict between two interpretations of how international rules work; namely, a conflict between a “statocentric” and a “cosmopolitan” perspective. The statocentric view, held by several governments, involves both a retreat from responsibility for individual rights and a denial that non-state actors can assume such duties. In contrast, the cosmopolitan perspective, adopted by non-state actors, affirms a direct responsibility to protect fundamental rights as a legally relevant collective interest, even in opposition to national governments. The above tension clearly materialises in the Sea-Watch case. This paper delve into such a tension, also in light of broader international legal developments and possible future scenarios.