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Zusatztext Ganesh 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. Informationen zum Autor Aravind Ganesh is Lecturer in Law at the School of Law, Politics and Sociology at the University of Sussex, UK. Vorwort This book considers a normative theory of ‘rightful relations’ between a political community and ‘distant strangers’, non-members located outside the territory. Zusammenfassung 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). Inhaltsverzeichnis 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 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 Air Transport : Emerging Explanations and Forgotten Precedents B. Fluctuat nec mergitur : The Lotus Case 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 InjuryB. 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 Purpos...
