By China Miéville
“China Mieville’s brilliantly unique ebook is an imperative consultant for a person involved in overseas legislation. it's the such a lot entire scholarly account on hand of the valuable theoretical debates in regards to the foundations of foreign legislations. It bargains a consultant for the lay reader into the principal texts within the field.”—Peter Gowan, Professor, diplomacy, London Metropolitan collage. Mieville seriously examines present theories of foreign legislations and provides a compelling substitute Marxist view. China Mieville, PhD, diplomacy, London tuition of Economics, is an self reliant researcher and an award-winning novelist. His novel Perdido highway Station received the Arthur C. Clarke Award.
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Additional info for Between Equal Rights: A Marxist Theory Of International Law
Even Higgins, a close follower of McDougal, argues that it is a very ﬁne line between insisting that decisions be taken in accordance with the policy objectives of a liberal, democratic world community and asserting that any action taken by a liberal democracy against a totalitarian nation is lawful. . 164 McDougal’s political apologia, however, must be disentangled from his theoretical jurisprudence (much as with Schmitt). Here, a legal scepticism exclusively in the third sense above – nihilism about law as progressive ‘social engineering’ without doubting its political role – allows us to endorse McDougal’s persuasive dynamic theory of law, without sanctioning his strategy of lending law to American power.
45. Malanczuk 1997, p. 6. Akehurst 1970, p. 2. Koskenniemi 1989, p. 170. Chimni 1993, p. 59. 3. A third way? Carl Schmitt I have argued against the formalism implied in the positions that international law is not law, or that it is always, in the last instant, ineffective. Instead, the categories of ‘law’ and ‘politics’ must be problematised, in an attempt to examine the complex interpenetrations of the two. This, however, does not close the door to the possibility of denial, or scepticism, in the third sense discussed above.
170 Young 1972, p. 64. 171 Anderson 1963, p. 382. 172 Anderson 1963, p. 381. 173 Anderson 1963, p. 382. ‘The Vanishing Point of Jurisprudence’ • 43 The question, which McDougal’s jurisprudence cannot answer, is why law? This, yet again, concerns the tenacity of the legal form itself. Without an analysis of that legal form, McDougal cannot explain why law exists as a distinct part of the political process. We have returned to the critique levelled at so many of the mainstream writers. Without a theory of the legal form, a jurisprudential system cannot address the basic ontological question of international law.
Between Equal Rights: A Marxist Theory Of International Law by China Miéville