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International Law and Revolution

International Law and Revolution

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367076597
  • 出版时间 June 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,586.25
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  • 描述 
  • 大纲 
  • 详细

    This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the ‘form of law’, or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future.

    International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.

  • Acknowledgment
    Introduction
    Foreground: Revolutionary Times?
    Critical Times; Critical Scholarship
    A Materialist Approach to International Law
    Revolutions of All Shapes and Sizes
    The Structure of the Book
    Why Law Anyway?
    Chapter 1: Revolution and Revolutionary Praxis
    I: Introduction
    I. Revolution in Existing Scholarship
    II. The Conceptual History of Revolution
    III: Marxist Revolution – Political and Social; Bourgeois and Proletarian
    IV: Revolutionary Agency
    V: Conclusion
    Chapter 2: International Law and International Legal Praxis
    I: Introduction
    II: The Ambiguous Promise of International Law
    III: The Politics of Law and Fundamental Legal Indeterminacy
    IV: Pashukanis and the Commodity Form Theory of Law
    V: The Brutal Heart of Law
    VI: Revolutionary Praxis in Law
    VII: Conclusion
    Chapter 3: The Soviet Relationship to International Law
    I: Introduction
    II: Background – Revolution, Foreign Policy and the Law
    III: The Soviet ‘Approach’ to International Law
    IV: The View From Without
    V: Common International Legal Practice?
    VI: Understanding the Soviet ‘Approach’
    VII: Revolutionary Legal Praxis and the Soviet example
    VIII: Conclusion
    Chapter 4: The Third World and the New International Economic Order
    I: Introduction
    II: Background
    III: The Third World relationship to International Law
    IV: Bandung; Non-Aligned Movement and the G77; UNCTAD
    V: OPEC: Commodities, commodity booms and Oil – the exception
    VI: Resolutions
    VII: Revolutionary Legal Praxis and the Third World – An Assessment *
    VIII: Conclusion *
    Conclusion *
    Counter-revolutionary times
    The importance of reclaiming revolution
    The possibility of revolutionary praxis as legal praxis
    Fundamental legal relations
    Soviet legal practice: between pragmatism and revolution
    Third World legal practice: between idealism and revolution
    The vulnerable heart of law: property and contract
    Bibliography
    index

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