Between Equal Rights

Drawing on Marxist theory and a critical history of international law from the sixteenth century to the present day, Mieville examines international legal norms and shows that they have always been complicit with the violence of empires. Book jacket.

Introduction

1

(1)

`International law has become important'

1

(3)

Materialism and dialectics

4

(1)

The structure of the book

5

(4)

`The Vanishing Point of Jurisprudence': International Law in Mainstream Theory

9

(36)

Beyond definition

9

(7)

Classic writers and debates

16

(29)

Disentangling denial

16

(2)

The will of the sovereign: Austin

18

(1)

The triumph of politics: Morgenthau

19

(6)

A third way? Carl Schmitt

25

(7)

Monism, dualism, positivism, naturalism

32

(2)

The high point of formalism: Kelsen

34

(3)

From rules to process: McDougal-Lasswell

37

(8)

Dissident Theories: Critical Legal Studies and Historical Materialism

45

(30)

Beyond pragmatism

45

(3)

Koskenniemi and the contradictions of liberalism

48

(12)

Marxism and international law

60

(15)

The inadequacies of Soviet theory

60

(4)

Radicalism with rules: B.S. Chimni

64

(11)

For Pashukanis: An Exposition and Defence of the Commodity-Form Theory of Law

75

(42)

The rise and fall of Pashukanis

75

(2)

The General Theory of Law and Marxism

77

(24)

Marxist method and the failure of alternative theories

79

(1)

Law as ideology

80

(2)

Law as iniquitous content

82

(2)

From the commodity form to the legal form

84

(12)

A note on history and logic

96

(1)

The withering away of law

97

(4)

Critiques and reconstructions

101

(12)

The relevance for international legal scholarship

113

(4)

Coercion and the Legal Form: Politics, (International) Law and the State

117

(36)

The problem of politics

117

(5)

Pashukanis and state-derivation theory

122

(6)

(International) Law and the contingency of the state

128

(5)

(International) Law, politics and violence

133

(10)

Form, content, economics and politics in international law

137

(4)

The unlikely marriage of Pashukanis and McDougal

141

(2)

Problems

143

(7)

The violence of the legal form

150

(3)

States, Markets and the Sea: Issues in the History of International Law

153

(72)

The invisibility of history

153

(3)

Origins and prehistory: an eternity of international law?

156

(13)

Pre-colonial theory: the non-Western birth of international law?

165

(4)

Colonialism and international law: the birth of a new order

169

(15)

Amity lines: colonialism beyond law's boundaries

179

(5)

The development of sovereignty: from politics to abstraction

184

(13)

Absolute ownership and Roman law

195

(2)

From maritime law to international law

197

(28)

Early codes: the mercantile maritime roots of international law

197

(4)

Lineages of the mercantilist state

201

(3)

The Navigation Acts

204

(2)

The East India Companies

206

(2)

The freedom of the seas: a dissident interpretation

208

(6)

Excursus: mercantilism and the transition to capitalism

214

(10)

Categories and dialectics

224

(1)

Imperialism, Sovereignty and International Law

225

(70)

The nature of the relation

225

(5)

Specificity versus breadth

226

(4)

The crisis of mercantile colonialism

230

(10)

The imperialism of recognition

235

(5)

Ad-hoc legality in the nineteenth century

240

(10)

Positivism and its sources

241

(2)

`Civilisation': a counterintuitive materialist analysis

243

(5)

Into Africa

248

(2)

The Berlin Conference and the `scramble for Africa'

250

(10)

Mandates, colonies and sovereignty: tendencies and countertendencies

256

(4)

The empire of sovereignty

260

(11)

The international law of freedom?

268

(3)

New world order

271

(10)

Excursus: the Gulf War

272

(3)

The limits of legalistic opposition

275

(6)

The universality of legalism

281

(8)

Politics and the end of the rule

282

(4)

Force and law

286

(3)

Serving two masters: the imperialism of international law

289

(6)

Conclusion: Against the Rule of Law

295

(26)

Ideas, ideology and contestation

295

(9)

The rule of law's new advocates

304

(10)

From war to policing?

308

(6)

Against the rule of law

314

(4)

The future of the theory

318

(3)

Appendix: Pashukanis on International Law

321

(16)

Bibliography

337

(28)

Index

365

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Table of Contents

Supplemental Materials