Between Equal Rights: A Marxist Theory Of International Law

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BRILL, 2005 - Law - 375 pages
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This book critically examines existing theories of international law and makes the case for an alternative Marxist approach. China Miéville draws on the pioneering jurisprudence of Evgeny Pashukanis linking law to commodity exchange, and in turn uses international law to make better sense of Pashukanis. Miéville argues that despite its advances, the recent New Stream of radical international legal scholarship, like the mainstream it opposes, fails to make sense of the legal form itself. Drawing on Marxist theory and a critical history of international law from the sixteenth century to the present day, Miéville seeks to address that failure, and argues that international law is fundamentally constituted by the violence of imperialism.
 

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Contents

Introduction
1
The Vanishing Point of Jurisprudence International Law in Mainstream Theory
9
Dissident Theories Critical Legal Studies and Historical Materialism
45
For Pashukanis An Exposition and Defence of the CommodityForm Theory of Law
75
Coercion and the Legal Form Politics International Law and the State
117
States Markets and the Sea Issues in the History of International Law
153
Imperialism Sovereignty and International Law
225
Against the Rule of Law
295
Pashukanis on International Law
321
Bibliography
337
Index
365
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About the author (2005)

China Miéville, Ph.D. (2001) in International Relations, London School of Economics, is an independent researcher and an award-winning novelist. He is a member of the editorial board of Historical Materialism.

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