Ester Herlin-Karnell (University of Gothenburg, School of Law) has posted “EU Solidarity as Collective Self-Defence? Constitutionalism and the Public uses of Force” (chapter in E Herlin-Karnell & E Rossi (eds), The Public Uses of Coercion and Force: From Constitutionalism to War, Oxford University Press 2021) on SSRN. Here is the abstract:
The chapter sets out to explore the notion of self-defense and how it is manifested in contemporary law of war. In addition, the chapter discusses the notion of collective self-defense in the context of the European Union (EU). The chapter links this debate to Ripstein’s Kant and the Law of War by using the EU as a test case of Kantian war theory. The chapter focuses on the imminence criteria for deciding on self-defense, in the context of EU security law, and to the extent to which Kant completely ruled out any preventive use of force. The EU’s fight against terrorism and security regulation appears to have many parallels with the “war” model which will be discussed in this chapter.