Rightful Relations With Distant Strangers: Kant, the EU, and the Wider World

Description

This book provides a philosophical critique of legal relations between the EU and ‘distant strangers’ neither located within, nor citizens of, its Member States. Starting with the EU’s commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in ‘all its relations with the wider world’, Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant’s philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centring the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant’s final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction) and also critiques the widespread identification of the EU as a Kantian federation of peace. Volume 12 in the series Law and Practical Reason Acknowledgements Table of Contents List of Abbreviations Table of Cases Table of International Treaties and Instruments Table of Legislation and Official Documents 1. Introduction I. Force, Freedom and Formality: Kant's Philosophy of Right II. Methodology: Immanent Critique and Private Law Analogies III. Outline of the Book IV. Conclusion 2. Territorial Extension: Power and Authority in the Wider World I. The Post-Lisbon Articles II. Bartels and the 'Compliance' Interpretation III. Legal Effects and the Spatial Scope of EU Law IV. Power and Authority: A Subtle Difference V. Conclusion 3. The 'Missionary' Principle: A False Start I. The Sovereign Trusteeship of Humanity II. Harms and Wrongs III. Blurred Frontiers: Values and Constitutional Objectives IV. Conclusion: Dignity as Independence 4. Kant's International Legal Order and the Forms of Private Law I. Private Right: The Building Blocks of Kant's General Theory of Law II. Public Right: The Fiduciary State III. International Law: Property and Personality IV. Conclusion 5. Extraterritorial Jurisdiction to Provide Global Public Goods I. Ripstein's Roads II. Global Public Goods III. Appraising the EU IV. Conclusion 6. Extraterritorial Human Rights Obligations I. Human Rights as Public Fiduciary Rights II. Authority and Human Rights Jurisdiction III. Territorial Extension and Human Rights Jurisdiction IV. Conclusion 7. Closing the Courthouse Door: The Standing of Distant Strangers I. Standing in EU Law II. The EU-Morocco Agreements: Trustees de son tort of Humanity III. Polisario and Western Sahara Campaign IV. Conclusion 8. General Conclusion I. Are the EU's Unilateral Assertions of Authority over Distant Strangers Defensible? II. Does the EU Owe Obligations Towards Distant Strangers over Whom it Claims Authority? III. If So, Does the EU Fulfil Them? Bibliography Index