Rightful Relations with Distant Strangers

Kant, the EU, and the Wider World

Aravind Ganesh

• Publisher: Hart Publishing
• Year: 2021
• ISBN:
  9781509941339
• Edition: 1
• Topic: Law
• Subtopic: Jurisprudence
• Index: Law

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 centering 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. The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).

Table of contents

• Acknowledgements
• Table of Contents
• List of Abbreviations
• Table of Cases
• Table of International Treaties and Instruments
• Table of Legislation and Official Documents
• 1. Introduction
• 2. Territorial Extension: Power and Authority in the Wider World
• 3. The 'Missionary' Principle: A False Start
• 4. Kant's International Legal Order and the Forms of Private Law
• 5. Extraterritorial Jurisdiction to Provide Global Public Goods
• 6. Extraterritorial Human Rights Obligations
• 7. Closing the Courthouse Door: The Standing of Distant Strangers
• 8. General Conclusion
• Bibliography
• Index