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

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This book considers a normative theory of ‘rightful relations’ between a political community and ‘distant strangers’, non-members located outside the territory.

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).

"The 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." - EU Law Live

"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." - Common Market Law Review

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20423096
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Твердый
Язык
Английский
Описание книги

This book considers a normative theory of ‘rightful relations’ between a political community and ‘distant strangers’, non-members located outside the territory.

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).

"The 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." - EU Law Live

"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." - Common Market Law Review

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