{"product_id":"rightful-relations-with-distant-strangers-kant-the-eu-and-the-wider-world-9781509946754","title":"Rightful Relations with Distant Strangers: Kant,","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThis 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 \u003ci\u003eToward Perpetual Peace\u003c\/i\u003e, but around the \u003ci\u003eDoctrine of Right\u003c\/i\u003e, 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).\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eThe book is very well-written, and the arguments flow interestingly, creating a novel narrative through which to discuss the legal role of the EU in the contemporary world … Dr Ganesh’s book offers a much welcome refreshing view and analysis. -- André Nunes Chaib, Maastricht University * EU Law Live *\u003cbr\u003eGanesh has managed to deliver a highly original account of both jurisdiction in international and EU law, and of Kantian legal philosophy. His book offers an insightful theorization of the EU and its role in the world – and at the same time an often harsh (but all too justified) critique of the ways in which that role is given shape. * Common Market Law Review *\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e1. 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  A. Between Multilateralism and Evangelism  II. Bartels and the ‘Compliance’ Interpretation  A. Human Rights Jurisdiction  B. Jurisdiction under General International Law  C. Standing  III. Legal Effects and the Spatial Scope of EU Law  A. Defending \u003ci\u003eAir Transport\u003c\/i\u003e: Emerging Explanations and Forgotten Precedents  B. \u003ci\u003eFluctuat nec mergitur\u003c\/i\u003e: The \u003ci\u003eLotus \u003c\/i\u003eCase in CJEU Jurisprudence  IV. Power and Authority: A Subtle Difference  A. The Nature of Territorial Extension  V. Conclusion    3. The ‘Missionary’ Principle: A False Start  I. The Sovereign Trusteeship of Humanity  II. Harms and Wrongs  A. Public Actors and Human Rights Jurisdiction  B. The Failure of the Argument from Well-Being  III. Blurred Frontiers: Values and Constitutional Objectives  A. Policy Consistency\/Coherence in the Light of EU Constitutional Objectives  B. The Missionary Principle and Territorial Extension  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  A. The Division of Torts: Damage and Injury B. The Three Defects in the State of Nature  C. Legislating on Property and Personality  II. Public Right: The Fiduciary State  A. The Separate, Public Person of the State  B. Human Rights and the Fiduciary State  III. International Law: Property and Personality  A. Territory: Property or Body?  B. No Property, Only Personality  IV. Conclusion    5. Extraterritorial Jurisdiction to Provide Global Public Goods  I. Ripstein’s Roads  A. Expanding the Concept: Other Public Goods  B. Limitations upon the Right to Provide Public Goods  II. Global Public Goods  A. The Right to Regulate Global Public Goods  B. The Irrelevance of Harm  C. Public Purpose and Necessity  III. Appraising the EU  IV. Conclusion    6. Extraterritorial Human Rights Obligations  I. Human Rights as Public Fiduciary Rights  A. ‘Moral’ Theories of Human Rights Law 6 B. Human Rights as Legal and Directed all the Way Down  C. Human Rights as Rights and as Philanthropy  II. Authority and Human Rights Jurisdiction  A. Capability  B. Control  C. Arendt’s Loophole  III. Territorial Extension and Human Rights Jurisdiction  IV. Conclusion    7. Closing the Courthouse Door: The Standing of Distant Strangers  I. Standing in EU Law  A. The Requirement of Legal Effects  B. Direct and Individual Concern under Article 263 TFEU  II. The EU-Morocco Agreements: Trustees \u003ci\u003ede son tort \u003c\/i\u003eof Humanity  III. \u003ci\u003ePolisario \u003c\/i\u003eand \u003ci\u003eWestern Sahara Campaign \u003c\/i\u003e A. Case T-512\/12 \u003ci\u003eFront Polisario v Council – \u003c\/i\u003eThe General Court Decision B. Case C-104\/16 \u003ci\u003eCouncil v Front Polisario – \u003c\/i\u003eBefore the ECJ  C. Case C-266\/16 \u003ci\u003eWestern Sahara Campaign – \u003c\/i\u003eThe Preliminary Reference  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?","brand":"Bloomsbury Publishing PLC","offers":[{"title":"Default Title","offer_id":51019978309975,"sku":"9781509946754","price":36.99,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781509946754.jpg?v=1750781948","url":"https:\/\/bookcurl.com\/products\/rightful-relations-with-distant-strangers-kant-the-eu-and-the-wider-world-9781509946754","provider":"Book Curl","version":"1.0","type":"link"}