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Human Rights as Justifications in Wildernesses: A Third World Approach to EU Law.

Aravind Ganesh1

  • 1Faculty of Law, Politics and Sociology, University of Sussex, Falmer, UK.

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PubMed
Summary

Hugo Grotius viewed seas as "wildernesses" for colonial interests. Modern law, despite rejecting Grotius, allows legal accountability gaps, particularly concerning the European Union's resource extraction agendas.

Keywords:
Civilising MissionsEU External RelationsExtraterritorial JurisdictionGrotiusImperialismLaw of the SeaMaritime Black HolesWestern Sahara

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Area of Science:

  • International Law
  • Legal History
  • Political Science

Background:

  • Hugo Grotius conceptualized seas as institutional 'wildernesses' benefiting European colonial companies.
  • Modern international law has evolved, yet retains potential for maritime 'wildernesses' with foreclosed juridical accountability.
  • The European Union's shifting legal persona complicates accountability in resource extraction.

Purpose of the Study:

  • To analyze Hugo Grotius's concept of the seas as 'wildernesses'.
  • To examine how modern international law permits the re-emergence of such 'wildernesses'.
  • To investigate the European Union's role in exacerbating these juridical foreclosures for neo-imperial agendas.

Main Methods:

  • Historical analysis of Hugo Grotius's foundational writings on maritime law.
  • Critical examination of contemporary international legal principles and their application to maritime zones.
  • Case study analysis of the European Union's legal status and actions in resource extraction.

Main Results:

  • Grotius's 'wilderness' concept served to advance colonial commercial interests.
  • Stretches of the sea can revert to 'wildernesses' where legal accountability is absent.
  • The European Union's flexible legal identity facilitates resource extraction while evading accountability.

Conclusions:

  • Modern international law inadvertently perpetuates Grotian 'wilderness' scenarios.
  • The European Union's actions in resource extraction mirror neo-Grotian, neo-imperial strategies.
  • There is a need to address juridical accountability in maritime and other 'wilderness' zones.